Madras High Court
The Secretary vs The State Of Tamil Nadu on 6 September, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.12754 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.09.2024
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.12754 of 2021
and
W.M.P.(MD).Nos.9927 & 9928 of 2021
The Secretary,
Guruvappa Higher Secondary School,
Neikkarapatti,
S.K.C. Nagar,
Palani-624 615,
Dindigul District. ... Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St.George,
Chennai-600 009.
2.The Director of School Education,
College Road,
Chennai-600 009.
3.The Joint Director of School Education,
College Road, Chennai-600 009.
4.The Chief Educational Officer,
Dindigul, Dindigul District.
1/6
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W.P.(MD)No.12754 of 2021
5.The District Educational Officer,
Palani, Dindigul District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records relating to
the impugned proceeding issued by the fifth respondent District Educational
Officer in A.Thi.Mu.No.1244/A4/2021, dated 15.04.2021 quash the same and
further direct the fourth and fifth respondents to sanction and disburse forthwith
incentive increment to S.Sathees Kumar in the post of BT Assistant (Maths) for
possessing M.Phil Degree w.e.f 12.10.2015.
For Petitioner : Mr.K.Ragatheesh Kumar,
for M/s.Isaac Chambers
For Respondents : Mr.T.Amjad Khan,
Government Advocate
ORDER
This Writ Petition has been filed challenging the order dated 15.04.2021,
passed by the fifth respondent, rejecting the petitioner's request for incentive
increment on the ground that G.O.(Ms).No.37, Personnel and Administrative
Reforms (FR-IV) Department, dated 10.03.2020, which deals with grant of
incentive increment, has been suspended for M.Phil. Degree holders.
2. In this Writ Petition, Mr.S.Sathees Kumar, who is the Teacher in the
Guruvppa Higher Secondary School, had completed his M.Phil. Degree prior to
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the date of G.O.(Ms).No.37, Personnel and Administrative Reforms (FR-IV)
Department dated 10.03.2020. He acquired M.Phil. Degree on April 2015.
3. The contention of the respondents as raised in this Writ Petition was
considered in detail by the Division Bench of this Court in W.A.(MD).No.975
of 2024 dated 12.06.2024 in the case of the Director of Elementary School
Education, College Road, DPI Campus, Chennai-6 and Others Vs. M.Fatima
Vijaya Latha and others. The Division Bench held that G.O.(Ms).No.37,
dated 10.03.2020, does not operate retrospectively and a purposive
interpretation of Clause 6 (vi) in the Government Order can only be that the
Teachers, who had all acquired the higher qualification prior to the issuance of
Government Order and if otherwise qualified are eligible for sanction of the
incentive increment. The Division Bench held that the Teachers, who after
obtaining necessary permission from the authorities, had acquired higher
qualification i.e., wherever the Degrees had been awarded prior to issuance of
G.O.(Ms).No.37, dated 10.03.2020, are entitled for advance increment for the
higher qualification, if it is within the limit of two incentive increments in their
career. In the case on hand, admittedly, the said Mr.S.Sathees Kumar, had
acquired his M.Phil. Degree in April 2015 itself, whereas, G.O.(Ms).No.37,
Personnel and Administrative Reforms (FR-IV) Department, dated 10.03.2020
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was issued only on 10.03.2020. The Division Bench judgment of this Court
referred to supra squarely applies to the case on hand and therefore, the relief
sought for in this Writ Petition has to be granted, since G.O.(Ms).No.37,
Personnel and Administrative Reforms (FR-IV) Department, dated 10.03.2020
does not operate retrospectively.
4. Accordingly, the impugned order dated 15.04.2021, passed by the fifth
respondent is hereby quashed and this Writ Petition is allowed by directing the
fourth and fifth respondents to sanction and disburse forthwith the incentive
increments (maximum of two) payable to the said Mr.S.Sathees Kumar in the
post of B.T. Assistant (Maths) for possessing M.Phil. Degree within a period of
eight weeks from the date of receipt of a copy of this order. The petitioner is
directed to submit all the relevant documents to the fourth and fifth respondents
to enable them to grant him the incentive increments. No costs. Consequently,
connected miscellaneous petitions are closed.
06.09.2024
NCC:yes/no
Index:yes/no
Internet:yes/no
TSG
https://www.mhc.tn.gov.in/judis
To
1.The Secretary,
State of Tamil Nadu,
Department of School Education,
Fort St.George,
Chennai-600 009.
2.The Director of School Education,
College Road,
Chennai-600 009.
3.The Joint Director of School Education,
College Road, Chennai-600 009.
4.The Chief Educational Officer,
Dindigul, Dindigul District.
5.The District Educational Officer,
Palani, Dindigul District.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
TSG
06.09.2024
https://www.mhc.tn.gov.in/judis
