Madras High Court

Mabel Christy Starina vs The Secretary To Government on 1 July, 2025

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                                     W.A(MD)No.1755 of 2025

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 01.07.2025

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                               and
                              THE HONOURABLE MR.JUSTICE K.RAJASEKAR

                                          W.A(MD)No.1755 of 2025


                Mabel Christy Starina                                                       ... Appellant /
                                                                                                Petitioner

                                                              Vs.

                1.The Secretary to Government,
                  Education Department,
                  State of Tamil Nadu,
                  Secretariat,
                  St.Fort George,
                  Chennai – 9.

                2.The Director of School Education,
                  College Road,
                  Chennai – 6.

                3.The District Educational Officer,
                  Thoothukudi District,
                  Thoothukudi.

                4.The Correspondent,
                  T.D.T.A.Good Shepherd High School,
                  Idayerkadu,
                  Thoothukudi District.                                                  ... Respondents /
                                                                                             Respondents


                1/4



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                                                                                          W.A(MD)No.1755 of 2025

                Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
                order dated 08.01.2025 passed in W.P(MD)No.13181 of 2018 on the file of this
                Court.


                                      For Appellants            : Mr.T.A.Ebenezer

                                      For Respondents : Mr.C.Venkatesh Kumar
                                                        Special Government Pleader
                                                        for R.1 to R.3


                                                        JUDGMENT

(By G.R.SWAMINATHAN, J.)

Heard both sides.

2.The appellant herein is working as Secondary Grade Teacher in the

fourth respondent School. During her service, she acquired higher qualification

and applied for incentive increments. Her request was rejected by the District

Educational Officer, Tuticorin only on the ground that prior permission was not

obtained for the department for acquiring such higher qualifications. The

rejection order passed by the competent authority was upheld by the learned

single Judge vide order dated 08.01.2025 made in W.P(MD)No.13181 of 2018.

Aggrieved by the same, this Writ Appeal has been filed.

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3.Quiet a few coordinate Division Benches have already held that

acquiring higher qualifications while in service without permission is an

irregularity that would not justify the authorities in refusing to grant incentive

increments to teachers. One such is order dated 24.07.2023 in W.A(MD)No.

1124 of 2023 (The Joint Director of School Education (Higher Secondary),

College Road, Chennai - 6 Vs S.Vasugi & another).

4.In this view of the matter, the order of the learned single Judge is set

aside. The order impugned in the writ petition is also set aside. The appellant

shall be given the incentive increments that are eligible to her.

5.This Writ Appeal is allowed accordingly. There shall be no order as to

costs.

                                                                    [G.R.S., J.]     [K.R.S., J.]
                                                                               01.07.2025

                NCC               : Yes / No
                Internet          : Yes / No
                Index             : Yes / No
                MGA








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                                                                            G.R.SWAMINATHAN, J
                                                                                              and
                                                                                 K.RAJASEKAR, J.

                                                                                             MGA









                                                                                         01.07.2025

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