Madras High Court

P.M.Alphonse vs The Commissioner Of School Education on 10 January, 2025

Author: J.Sathya Narayana Prasad

Bench: J.Sathya Narayana Prasad

                                                                               W.P.No.3761 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 10.01.2025

                                                     CORAM:

                   THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD

                                              W.P.No.3761 of 2023
                  P.M.Alphonse                                               ...Petitioner

                                                       -Vs-

                  1.The Commissioner of School Education,
                    DPI Campus, College Road,
                    Chennai – 600 006.

                  2.The Chief Educational Officer,
                    Chengalpet District,
                    Chengalpet.

                  3.The District Educational Officer,
                    Maduranthagam Educational District,
                    Maduranthagam,
                    Chengalpet District.                                    ...Respondents


                  Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                  praying for the issuance of a direction in the nature of Writ of Certiorarified
                  Mandamus, to call for the records relating to the impugned proceedings
                  issued by the 2nd respondent in Na.Ka.No.5158/Aa3/2021 dated 30.11.2021
                  and to quash the same and consequently directing the respondents to sanction
                  incentive increment to the petitioners for acquiring M.Phil., degree as per
                  G.O(1D)No.18, School Education Department dated 18.01.2013 in
                  ratification of M.Phil., degree obtained by the petitioner in the year 2013,
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                                                                                    W.P.No.3761 of 2023

                  without entry in the service record, with all consequential and other attendant
                  benefits including arrears of salary, within a time frame to be fixed by this
                  Court.

                                  For Petitioner      :      Mr.S.Nedunchezhiyan

                                  For Respondents :          Mr.T.M.Rajangam,
                                                             Government Advocate

                                                          ORDER

This writ petition has been filed for issuance of a Writ of Certiorarified

Mandamus, to call for the records relating to the impugned proceedings

issued by the 2nd respondent in Na.Ka.No.5158/Aa3/2021 dated 30.11.2021

and to quash the same and consequently direct the respondents to sanction

incentive increment to the petitioners for acquiring M.Phil., degree as per

G.O(1D)No.18, School Education Department dated 18.01.2013 in

ratification of M.Phil., degree obtained by the petitioner in the year 2013,

without entry in the service record, with all consequential and other attendant

benefits, including arrears of salary, within a stipulated period.

2. The petitioner was initially appointed as B.T.Assistant (Maths) in

School Education on 16.09.2005. While so, he acquired higher qualification

of M.Phil., degree after obtaining permission from the Headmaster of the https://www.mhc.tn.gov.in/judis

school, whereas the same has not been entered in the Service Record since

the M.Phil., degree is not relevant for promotion or for incentive.

3. The Government issued orders in G.O(1D).No.18 School Education

Department dated 18.01.2013 to grant incentive increment for M.Ed., or

M.Phil., or Ph.D., degree on condition that a teacher is entitled for two

incentive increments in his entire service career. Since M.Ed., degree was

dispensed with in Correspondence Course, the Government has decided to

sanction incentive increment for M.Phil., or Ph.D., degree as per

G.O(1D).No.18 dated 18.01.2013.

4. Learned counsel appearing for the petitioner would submit that the

Petitioner submitted representation seeking for an incentive increment for

having acquired M.Phil., degree as per G.O.(1D).No.18 dated 18.01.2013,

whereas the same has not been considered in view of the fact that there was

no entry in the Service Record for the same. The Government issued orders

in Govt.Letr.(1D).No.356/School Education dated 02.11.2007 ratifying the

M.Phil., degree obtained by teachers in the category of Headmaster and

P.G.Assistant without availing permission from the department with

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instructions that in the event of any higher qualifications acquired in the

future, it will be resulting in disciplinary action against the concerned

teacher. When the Government has decided to grant an incentive increment

for M.Phil., degree in respect of B.T. Assistant teachers as per

G.O(1D).No.18 dated 18.01.2013, the M.Phil., degree obtained by him

without prior permission ought to be ratified by the department.

5. Thereafter, the Petitioner submitted representation to the department

seeking a grant of incentive increment. The 1st Respondent issued

proceedings in Na.Ka.No.069381/K/E1/2018 dated 21.10.2020 calling for

the list of teachers who acquired higher qualifications prior to 09.03.2020 in

order to sanction an incentive increment for the same. However, the

Petitioner was not considered for grant of an incentive increment even as per

the proceedings of 1st Respondent dated 21.10.2020 on the premises that the

Petitioner has not availed permission to study for an M.Phil., degree.

6. The Petitioner filed a writ petition before this Court in W.P.No.7958

of 2021, wherein this Court passed orders dated 29.03.2021, directing the

respondents to consider the representation of the petitioners dated

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03.10.2013 and 08.11.2013 and pass orders within a period of 60 days from

the date of receipt of a copy of the order.

7. Consequently, the 2nd Respondent passed the impugned order dated

30.11.2021 rejecting the claim of the petitioner for an incentive increment for

acquiring an M.Phil. degree on the premises that he was not in a position to

forward the proposal to the Government for granting an incentive increment

for acquiring M.Phil. degree qualification. It is further stated that as per

G.O.Ms.No.37 P&AR Department dated 10.03.2020, the scheme of sanction

of an incentive increment for acquiring higher qualification is dispensed

with, with immediate effect. Aggrieved by the same, the petitioner has filed

this Writ Petition.

8. Learned counsel appearing for the petitioner would then place

reliance on the judgments passed by the Division Bench of this Court in

W.A.(MD)No.813 of 2021 (The Director of School Education, DPI

Campus, College Road, Chennai – 600 006 and 2 others Vs. G.Anandhi

and another) dated 16.04.2021 and W.A.(MD)No.1052 of 2024 (The State

of Tamil Nadu, Rep. by its Secretary, Department of School Education,

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Fort St.George, Chennai – 600 009 and 6 others Vs. A.Govindasamy and 4

others) dated 21.06.2024.

9. A counter affidavit was filed on behalf of the third respondent dated

20.07.2023.

10. Heard both sides and perused the materials available on record.

11. The judgment of the Division Bench of this Court relied on by the

learned counsel for the petitioner in W.A.(MD)No.813 of 2021 (The

Director of School Education, DPI Campus, College Road, Chennai – 600

006 and two others Vs. G.Anandhi and another) dated 16.04.2021, wherein

this Court held as follows:

“4. As soon as the order dated 17.06.2017, impugned in the writ petition was communicated to the management, the management sent representations on 19.01.2019, to the third appellant stating that the management was not aware that prior permission should be obtained from the department before permitting any of their teachers acquire higher qualification. Therefore, they pleaded ignorance and pleaded for appropriate orders to be issued. Thereafter, the Director of School Education by proceedings dated 18.02.2019, has referred to G.O.Ms.No.101 dated 18.05.2018, where under power was granted to the Chief Educational Officer of the district for granting permission to teachers to acquire higher qualification.”

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12. Another judgment of the Division Bench of this Court relied on by

the learned counsel for the petitioner in W.A.(MD)No.1052 of 2024 (The

State of Tamil Nadu, Rep. by its Secretary, Department of School

Education, Fort St.George, Chennai – 600 009 and 6 others Vs.

A.Govindasamy and 4 others) dated 21.06.2024, wherein this Court held as

follows:

“10. We had an occasion to deal with the similar kind of issue in respect of granting incentive increment for the persons, who had acquired additional qualification prior to issuance of G.O,(Ms)No.37, in W.A.(MD)No.975 of 2024, dated 12.06.2024 and held as follows:

“8.G.O(Ms)No.37 does not operate retrospectively and the 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 the Government Order and if otherwise qualified are eligible for sanction of the incentive increment. If the interpretation made by the learned Additional Government Pleader is to be accepted, then the very object of the inclusion of clause 6(vi) in the Government Order becomes redundant. As such, we have no hesitation to hold that the Teachers, who, after obtaining necessary permission from the authorities, had acquired higher qualification, ie., 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.””

13. The above judgments passed by the Division Bench of this Court

in W.A.(MD)No.813 of 2021 and W.A.(MD)No.1052 of 2024 are squarely

applicable to this case.

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14. In view of the above ratios laid down by the Division Bench of

this Court regarding seeking prior permission from the department

before permitting any of their teachers to acquire higher qualifications

in W.A.(MD)No.813 of 2021, and in regard to the prospective

application of G.O.Ms.No.37 in W.A.(MD)No.1052 of 2024, the

impugned proceedings issued by the 2nd respondent in

Na.Ka.No.5158/Aa3/2021 dated 30.11.2021 is liable to be quashed

accordingly the same is hereby quashed. The respondents are directed to

sanction incentive increment to the petitioners for acquiring M.Phil.,

degree as per G.O(1D)No.18, School Education Department dated

18.01.2013 in ratification of M.Phil., degree obtained by the petitioner in