Madras High Court
The State Represented By vs R.S.Devakirubai Rajamani ... 1St on 16 June, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A(MD)Nos.190 & 598 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A(MD)Nos.190 & 598 of 2023
and
C.M.P(MD)Nos.2474 & 5602 of 2023
W.A(MD)No.190 of 2023:
1.The State represented by
The Secretary,
Department of School Education,
Secretariat, Fort St.George,
Chennai – 9.
2.The Director of Elementary Education,
DPI Campus, Chennai – 6.
3.The District Elementary Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The Assistant Elementary Educational Officer,
Pappakudi,
Tirunelveli District. ... Appellants /
Respondents 1 to 4
Vs.
1.R.S.Devakirubai Rajamani ... 1st Respondent /
Writ Petitioner
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W.A(MD)Nos.190 & 598 of 2023
2.The Head Master,
Hindu Middle School,
Pappakudi,
Tirunelveli District. ... 2nd Respondent /
5th Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
judgment dated 14.11.2022 in W.P(MD)No.15471 of 2017 on the file of this
Court.
For Appellants : Mr.C.Venkatesh Kumar
Special Government Pleader
For Respondents : M/s.T.A.Ebenezer for R.1
W.A(MD)No.598 of 2023:
R.S.Devakirubai Rajamani ... Appellant /
Petitioner
Vs.
1.The State represented by
The Secretary,
Department of School Education,
Secretariat, Fort St.George,
Chennai – 9.
2.The Director of Elementary Education,
DPI Campus,
Chennai – 600 006.
3.The District Elementary Educational Officer,
Tirunelveli District,
Tirunelveli.
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W.A(MD)Nos.190 & 598 of 2023
4.The Assistant Elementary Educational Officer,
Pappakudi, Tirunelveli District.
5.The Head Master,
Hindu Middle School,
Pappakudi,
Tirunelveli District. ... Respondents /
Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
order dated 14.11.2022 in W.P(MD)No.15471 of 2017 on the file of this Court
by allowing this Appeal.
For Appellant : M/s.T.A.Ebenezer
For Respondents : Mr.C.Venkatesh Kumar
Special Government Pleader
COMMON JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.)
The State has filed W.A(MD)No.190 of 2023 challenging the order dated
14.11.2022 made in W.P(MD)No.15471 of 2017 filed by the first respondent (in
W.A(MD)No.190 of 2023) herein. The first respondent / R.S.Devakirubai
Rajamani (in W.A(MD)No.190 of 2023) was appointed as full-time vocational
craft (sewing) teacher in Hindu Middle School, Pappakudi and his appointment
was approved on 29.08.1997. He obtained B.Lit in the year 1996 and passed
M.A degree in the year 1999. He also obtained B.Ed degree in 2013. He
sought two incentive increment for having passed M.A and also B.Ed.
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W.A(MD)Nos.190 & 598 of 2023
Originally he was granted both the incentive increments. Subsequently, audit
objection was raised and it was held that a vocational instructor is entitled to
only one incentive increment. Thereupon, recovery order was passed on
27.07.2017 by the Assistant Elementary Educational Officer, Pappakudi.
Challenging the same, W.P(MD)No.15471 of 2017 came to be filed. The
learned single Judge partly allowed the Writ Petition on 14.11.2022 in the
following terms:
“7. The Government Order states that, if the teacher is
qualified M.A., Decree, they are entitled for one incentive
increment only. As per G.O.Ms.No.1032, Education
Department, dated 22.03.1971 and the relevant portion is
extracted hereunder:
(v) The following clarifications are issued
regarding advance increments to secondary grade teachers.
1. A Secondary Grade Teacher (or other specialist
teacher) will not get any financial benefit if he passes only B.A
or B.Sc. He will get advance increments after passing B.A or
B.Sc., he passes B.T. also
2. A Secondary Grade Teacher who first passes
B.T and gets two advance increments, but who also still
continues to work in a secondary grade post and who passes
M.A., or M.Sc., will get two more advance increments.
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W.A(MD)Nos.190 & 598 of 2023
3. A Secondary Grade Teacher who first passes
M.A., or M.Sc., without first passing B.T. need not be granted
any advance increments at one stroke.
(vi) Four advance increments can be given at the
same time B.T., Assistants who possess M.A (or M.Sc.,) and
M.Ed.
Under clause (1) of G.O.Ms.No.1032 specifically states that
the secondary grade teacher or other specialist teacher, the
petitioner comes under “other specialist teacher”, will be
eligible incentive increment if he passes B.T. after passing B.A.
and B.Sc. Moreover, it has not included the qualification of
“B.Ed.”. Since the G.O. has not included B.Ed. the petitioner is
not entitled to B.Ed.
8. The G.O.Ms.No.107 Education Department, dated
20.01.1978 was issued and the relevant portion is extracted
hereunder:
2. The present position regarding increments to
Tamil Pundits (with reference to G.O.Ms.No.42 Education
Dated 10.01.1969 and para 4 of G.O.Ms.No.1032 Education
Dated 22.06.1971) is as follows.
(i) B.A. and B.O.Ls. can be appointed as Grade I
Tamil Pandits only if they have passed B.T. Hence no incentive
increment admissible to them for passing B.T. But they can get
two incentive increments for passing M.A and two more for
passing M.Ed.
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W.A(MD)Nos.190 & 598 of 2023
(ii) Pulavars and vidwans can be appointed as
Grade I Tamil Pandits even if they do not have B.T., but have
only Pandits Training or Secondary Grade Training and
completed S.S.L.C. For appointment as Pandits Grade II also a
B.T is not necessary. For these categories incentive increments
are admissible only passing B.T. But not passing M.A., or M.Ed.
3. In Modification of para 2(ii) above, the
Government now issue revised orders to following effect.
Tamil Pandits Grade I, who do not have to possess B.T., for
initial appointment Grade II Tamil Pandits may be allowed two
incentive advance increments either B.T. or for M.A. Advance
increments may be allowed a second time for such a teacher
who after passing B.T. possess M.A., or after passing M.A.
passes B.T. Advance increments shall not be allowed to them for
passing M.Ed.
Under clause 3 of G.O.Ms.No.107 it specifically states
that Tamil Pandits (secondary grade teachers, specialist
teachers come under this category) may be allowed two
incentive increments either for B.T. or M.A. and not for both.
For second increment, a teacher who after passing B.T. possess
M.A., or after passing M.A. passes B.T. However, the advance
increments shall not be allowed to them for passing M.Ed.
Therefore, the petitioner is either entitled to M.A. or B.Ed. and
not entitled to both. Since the incentive increment is granted to
M.A., the petitioner is not entitled to B.Ed. as per G.O. Ms. No.
107. Moreover this G.O. only speaks of B.T. qualification and
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not B.Ed. qualification and on this point also the petitioner is
not entitled to. On combined reading of the G.O. and the said
communication this Court is of the considered opinion for the
reasons stated above the petitioner is entitled to only one
incentive increment either for B.Ed. or for M.A. and not for
both.
9. Therefore, the petitioner is not entitled to
incentive increment for B.Ed. If the teacher is qualified B.Ed.,
along with M.A., Decree, they would be entitled for incentive
increment for M.A., Decree alone. Even from this proposition
also, the petitioner is not entitled incentive increment for B.Ed.,
Decree. Therefore, the impugned order is modified.
10. Accordingly, this Writ Petition is partly allowed.
The respondents are directed to grant one incentive increment
for M.A., Decree alone, within a period of six weeks, from the
date of receipt of the copy of the order. No costs. Consequently,
connected miscellaneous petitions are closed.”
Challenging the same, the State has filed this Writ Appeal.
2.According to the learned Special Government Pleader appearing for the
State, a vocational instructor is definitely entitled to one incentive increment
but the said increment is granted only for obtaining B.Ed degree and not for
M.A degree.
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W.A(MD)Nos.190 & 598 of 2023
3.Per contra, the learned counsel appearing for the writ petitioner who
has filed Writ Appeal against the disallowed portion submitted that the writ
petitioner was rightly given double incentive increment and that interference
with the said order is not warranted. He called upon this Court to allow the
teacher's Appeal and dismiss the State Appeal.
4.We carefully considered the rival contentions and went through the
materials on record.
5.Aggrieved by the order of the learned single Judge, both the writ
petitioner as well as the State has filed these Appeals. The only question that
calls for consideration is whether the writ petitioner has to be given incentive
increment for B.Ed degree or for M.A degree or for both. In our view, this
issue does not pose any difficulty at all. Only vide G.O(Ms)No.42 Education
Department dated 10.01.1969, the Education Department proposed to give
advance incentive increment for teachers acquiring higher qualifications. The
annexure to the said GO reads as follows:
ANNEXURE
A teacher belonging to the category mentioned in column (1) of the
Table below shall be eligible for the two advance increments to the scale of
pay admissible for this category if he / she possesses or acquires higher
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qualification specified in column 2 provided the maximum of the scale of
pay is not reached.
Category Scale of pay Higher Qualification for which two
advance increments are admissible
(1) (2)
1 Secondary or 90-4-110-3-140 B.T. Or B.Ed., degree of a University
of the State or the degrees of other
Senior Basic
Universities recognized as equivalent
Grade Teachers to the degree or B.Ed., degree of
Universities of this State
2 B.T. B.Ed., Assts Rs.140-5-180-10-250 M.A or M.Sc., M.Ed., degree of a
University of the State or the degree
Rs.225-10-275-350
of other Universities recognized as
equivalent to M.A. / M.Sc., of M.Ed
degree Universities of this State
3 Headmasters of Rs.225-10-275-15-350 -do-
Government
Board Schools and
Municipal
Township Schools
4 Headmasters of Rs.225-15-275 -do-
Aided High Rs.300-15-430
Schools
5 Pandits I Gr Rs.140-250- or Lower B.T. or B.Ed., degree of University in
Scale this State or degree of other
Universities recognized as equivalent
to B.T. or B.Ed., degree of
Universities in this State.
6 Pandits II Gr Rs.90-4-110-3-140 -do-
7 Physical Training -do- B.T. or B.Ed., degree of University in
instructors I Gr. this State or degree of other
Universities recognized as equivalent
to B.T. or B.Ed., degree of
Universities in this State or Diploma
in Physical Education.
8 Other Specialist -do- B.T. or B.Ed., or other recognized
equivalent degrees in this State
Teachers
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W.A(MD)Nos.190 & 598 of 2023
The table extracted above contains 8 categories of teachers. The writ petitioner
admittedly falls under the 8th category “Specialist Teachers”. In the said
column it has been categorically mentioned that incentive increment can be
given to specialist teachers if they acquire BT or B.Ed or recognized equivalent
degrees in the State of Tamil Nadu. In Serial No.8, M.A degree has not been
mentioned as a higher qualification for which incentive can be given. We
therefore hold that the learned single Judge erred in holding that the writ
petitioner is entitled to incentive increment for acquiring M.A degree.
6.In this view of the matter, the order impugned in this Writ Appeal is set
aside. The writ petitioner is entitled to incentive increment with effect from the
date when he acquired B.Ed degree. Since the writ petitioner cannot be said to
be guilty of misrepresentation, for the mistake committed by the department,
the writ petitioner cannot be penalized. The incentive increment was
sanctioned and the money has also been disbursed. It would cause enormous
hardship to the writ petitioner if recovery is permitted. The writ petitioner
belongs to “C” category post only. Therefore, we set aside the order directing
recovery alone. Refixation of the writ petitioner's pay may be accordingly
done.
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W.A(MD)Nos.190 & 598 of 2023
7.W.A(MD)No.190 of 2023 is partly allowed and W.A(MD)No.598 of
2023 is dismissed accordingly. There shall be no order as to costs.
Consequently, connected miscellaneous petitions are closed.
[G.R.S., J.] [K.R.S., J.]
16.06.2025
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
MGA
To
1.The Secretary,
Department of School Education,
Secretariat, Fort St.George,
Chennai – 9.
2.The Director of Elementary Education,
DPI Campus,
Chennai – 600 006.
3.The District Elementary Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The Assistant Elementary Educational Officer,
Pappakudi,
Tirunelveli District.
5.The Head Master,
Hindu Middle School,
Pappakudi,
Tirunelveli District.
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W.A(MD)Nos.190 & 598 of 2023
G.R.SWAMINATHAN, J
and
K.RAJASEKAR, J.
MGA
W.A(MD)Nos.190 & 598 of 2023
16.06.2025
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