M.Gunasekaran v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.2414 of 2024 and WMP.No.2618 of 2024 1.M.GUNASEKARAN 2.S.Priya 3.A.Priya 4.K.Saravanan 5.C.Matheeswaran 6.A.Auxilia Agnus Leema 7.M.Jayanthi 8.P.Suyambulingam 9.P.Kala 10.S.Guna jothi 11.S.P.Jayanthi 12.J.Vanitha 13.A.Suganya 14.P.Janaki 15.N.Tamilselvi 16.M.Devaki 17.P.Nirmala 18.V.Thangaraj 19.R.Shenbagavalli 20.A.N.Perumal 21.S.Karunakaran 22.R.Sarala 23.P.Karunakaran 24.S.Jesudoss 25.S.Anbuselvam 1/16

26.B.Piramila 27.R.Ambika 28.V.Kalimuthu 29.M.Manimekalai 30.M.Senthil Kumar 31.N.Kala 32.K.Vijila 33.S.Vijaya Nirmala 34.P.Princy 35.D.Prema 36.M.Sathya 37.M.Devi 38.P.Manimekalai 39.V.Malliga 40.V.Amuthachitra 41.R.Pugazhmathi 42.P.Amsaveni 43.J.Kalaiarasi 44.T.Ashok Babu 45.A.Sivakamasundari 46.K.Premalatha 47.R.Rejin Nesa latha 48.G.Vasuki 49.A.Yasodha 50.B.Shivamalini 51.P.Manimekalai 52.K.Muthulakshmi 53.A.Esther Jeba 54.S.Durgadevi 55.M.Jothilakshmi 56.E.Kalaivani 57.R.Anusiya 58.P.Santhi 59.S.Balamurali 60.S.Suganthi 61.G.Vimala 2/16

62.P.Jeyanthi 63.P.Gomathi 64.P.Maheswari 65.S.Lakshmi 66.T.Shanmugavalli 67.K.Karpakavalli 68.G.Mahalakshmy 69.V.S.Bindhu 70.N.Anitha 71.P.Kaleeswari 72.S.Sindhiya 73.S.Thamaraikannan 74.N.Thankamani 75.J.Gnanasoundari 76.K.Ajithakumari 77.A.Sobeya 78.T.K.Bindhu 79.Nadhira Isaq 80.S.Sreekala 81.P.S.Rajeesh 82.N.Jiji 83.S.Priya 84.S.Bindhu 85.C.Jayalakshmi 86.P.Govindaraj 87.R.Chitra 88.S.P.Vijayalakshmi 89.E.Victoria 90.A.Leena 91.I.John Bharathi Rajan 92.A.Jeyamary 93.V.Sanal Kumar 94.J.Bhavani 95.V.Deepu 96.A.Gelina 97.A.S.Shajitha Begam 3/16

98.R.Nalini 99.M.Catherine Bernadette 100.G.Regina 101.P.Mary Shanthi Emilda 102.A.Pincof Taras 103.S.Percial 104.A.Grace 105.V.Rangaraj 106.M.Dhanasheela 107.D.Hari Utham Singh 108.N.Anbalagan 109.B.Sheik Jakir Hussain 110.P.Joseph Anthony 111.J.Xavier Arockia Doss 112.A.Jessy Daisy Rani 113.D.Fathima 114.V.Rajeshkumar 115.K.Rosario Joseph Antony 116.P.Kuppammal 117.V.Karthik 118.M.Arun Rama Krishnan 119.K.Mothilal 120.N.Senthilkumar 121.A.Divya Jenifer 122.K.Renga Samy 123.M.Sakthi Priya 124.S.Shanthi 125.K.Nagalakshmi 126.T.Susila 127.N.Gowri 128.A.Athuvan Vinnarasi 129.M.Vijayalakshmi 130.C.M.Anujaya 131.P.Suseela 132.K.Alamelu Mangai 133.K.Tamil Selvi 4/16

134.C.Mubarak 135.A.Behulah 136.C.Isabella Brigeta 137.J.Jansi Rani 138.M.Vijayalakshmi 139.J.Leedya Sunitha 140.K.Dhanalakshmi 141.S.Sangeetha 142.R.Uma Venkateswari 143.R.Sudha Sundari 144.V.K.Srinivasan 145.S.Srinivasan S/o.Soundarara 146.S.Nirmalarani 147.Y.Amalia Githa Rani D/o.Yag 148.P.Nagajothi 149.R. Ruby Stella 150.M.Malarvizhi D/o.Manickam 151.M.Selvi 152.M.Revathi 153.V.Rose Mary 154.C.Nithya 155.A.Shaila Rahman 156.P.Kalaiselvi 157.S.Selvi 158.S.Ramesh 159.B.Kareem 160.S.Rajamani 161.C.Santhi 162.N.Sasikala 163.K.Gejalakshmi 164.G.Vasudevan 165.G.Suresh 166.K.Rajakumari 167.A.Varadarajan 168.R.Manikandan 169.S.Sivakumar 5/16

170.P.Saroja 171.G.Renu 172.N.Manivannan 173.S.Sundari 174.K.Sumathi 175.S.Arunprasath 176.A.Jansirani 177.J.Malarvizhi 178.P.SathiaSutha 179.A.P.Thamarai Selvi 180.K.Karkuzhali 181.N.Suresh 182.N.Natrajan 183.S.Arumugam 184.K.Dhanasekaran 185.P.Soundari 186.R.Rajeeswari 187.A.Kalaiselvi 188.K.Jammimal 189.R.Paranthaman 190.K.Nagendiran 191.K.Elumalai 192.B.Megala 193.B.Thilagavathi 194.P.Deepika 195.N.Gowri 196.L.Karpagam 197.G.Kousalya 198.B.Sudarkodi 199.N.Ganga 200.S.Kalaiselvi 201.V.C.Sekar 202.B.Murugan 203.A.Manonmani 204.E.Karpagam 205.D.Sasirekha 6/16

206.N.Rukkumani 207.E.Shanthini Devi 208.R.Revathi 209.E.Renugadevi 210.L.Mageshwari 211.P.Elumalai 212.R.Amaresan 213.P.Murugan 214.K.Ulaganathan 215.V.Indira Gandhi 216.S.Bagyalakshmi 217.R.Lalitha Kumari 218.K.Saraswathi 219.M.Annadurai 220.K.Prema 221.P.Jayachandran 222.G.Megala 223.K.Shanbagavalli 224.P.Mullai Vadivu ... Petitioners Vs 1.State of Tamil Nadu Represented by its Chief Secretary to Government, Human Resources Management (FR-IV) Department, Previously known as Personnel and Administrative Reforms FR-IV) Department, Fort St.George, Chennai-9 2.State of Tamil Nadu, Represented by its Principal Secretary to the Government, Department of School Education, Fort.St.George, Chennai -9.

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3.The Director of Elementary Education, DPI Campus, Chennai -6 .... [ RESPONDENTS ] PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus call for the records pertaining to the Impugned Government Order in G.O.Ms.No.37 Personnel and Administrative Reforms (FR-IV) Department dated 10.03.2020 in so far as the Clause 6(vi) is concerned and the Consequential Impugned Order in G.O.Ms.No.95 Human Resources Management (FR-IV) Department dated 26.10.2023 on the file of the Respondent No.1 and quash the same as illegal and consequently for a direction directing the Respondents to grant incentive increment to the Petitioners for acquiring higher qualification of B.Ed and PG Degrees and revise the scale of pay along with arrears and other monetary benefits within the time period stipulated by this Court. For Petitioners : Mr.T.Lajapathi Roy for Mr.K.Thilageswaran For Respondents : Mrs.S.Mythereya Chandru, Special Government Pleader

ORDER

This writ petition has been filed challenging the Government Order in G.O.Ms.No.37 Personnel and Administrative 8/16

Reforms (FR-IV) Department dated 10.03.2020 in so far as the Clause 6(vi) and the consequential order in G.O.Ms.No.95 Human Resources Management (FR-IV) Department dated 26.10.2023. 2.

The case of the petitioners is that they are working as Secondary Grade Teachers, B.T.Assistants, Primary School Headmasters, Middle School Headmasters in the Government Schools (Panchayat Union Primary and Panchayat Union Middle Schools) coming under the 3rd Respondent Elementary Education Department. They have completed the higher qualifications such as B.Ed. and other Post Graduation Degrees. However, they have not been granted incentive increments. Originally, the State of Tamil Nadu issued the Government Order in G.O.Ms.No.42 Education Department dated 10.01.1969, by which a decision was taken to grant incentive increment to the teachers for acquiring higher qualifications. Thereafter it was clarified by the Government vide G.O.Ms.No.1023 Education, Science and Technology Department dated 09.12.1993 that the School Teachers are entitled for maximum of two sets of incentive increments for acquiring higher 9/16

qualification. Hence, in view those Government Orders, the petitioners are entitled for grant of two set of incentive increments. 2.1 The further case of the petitioners is that on pointing out the Clause No.6(VI) of the Impugned Government Order in G.O.Ms.No.37 dated 10.03.2020, their request seeking grant of incentive for acquiring higher qualification was kept under cold storage stating that necessary permission has been sought for from the 1st Respondent. Though the Respondent No.1 has issued a clarification vide G.O.Ms.No.116 dated 15.10.2020 to the Government Order in G.O.Ms.No.37 dated 10.03.2020 stating that those who have completed the higher qualification before 10.03.2020 are entitled for incentive increment, the Respondent No.3 has not granted the incentive increment in our favour. Now, the Respondent No.

1 has issued the consequential impugned Government Order in G.O.Ms.No.95 dated 26.10.2023, in which it has been decided to grant one lump sum of Rs.20,000/- to all those employees whose incentive increment request is pending consideration in uniformity with the employees who acquire higher qualification after 10.03.2020.

similarly placed teachers who have acquired the higher qualification has been granted incentive increment and denial of incentive increment to them alone is nothing but discrimination.

3.

Heard, the learned counsel appearing on either side. 4.

In this regard, the Government had already passed G.O. (Ms) No. 37, Personnel and Administrative Reforms (FR-IV) department, dated 10.03.2020, it has clearly been mentioned as follows:- "The cases of Government servants who have acquired higher qualification prior to issue of this general order, and not sanctioned with advance increments be examined separately as per the previous orders issued, if any, by the administrative department concerned and with reference to the posts specified in that order and if he is otherwise qualified, then the advance increment may be sanctioned by the administrative department concerned after obtaining concurrence of Finance department. If no previous orders were issued by any of the department concerned, then they are not eligible for sanction of any advance increments for passing higher qualification irrespective of the post held/degree acquired."

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5. Certain clarification have been issued in G.O.(Ms) No.116, P&AR (FRIV) Dept., dated 15.10.2020 i.e., the cases of Government Servants who have acquired higher qualification prior to the date of issue of G.O. (Ms) No. 37, P&AR Dept., dated 10.03.2020 and appropriate orders to be issued before 31.03.2021. Based on the orders issued in G.O. (Ms) No.116, P&AR (FRIV) Dept., dated 15.10.2020, the cut off date for granting advance increment who have acquired higher qualification prior to 10.03.2020 has been extended from 10.03.2020 to 31.03.2021. Further, on exemption basis, all the pending claims have been allowed until the orders issued in G.O. (Ms) No. 95, Personnel and Administrative Reforms (FR-IV) Department, dated 26.10.2023.

6. Further, as a policy measure for welfare of Government Servants a new policy has been adopted on the analogy of Government of India and orders have been issued in G.O.Ms.No.120, Human Resources Management (FR-IV) Department, dated 01.11.2021, for granting incentive in the form of one-time lumpsum amount to the State Government Employees for having acquired additional qualification after 10.03.2020 as follows:- 12/16

Sl.No.

Higher Qualification Amount 1.

Ph.D 25,000/- 2.

PG Degree or equivalent 20,000/- 3.

Degree/Diploma 10,000/-

7. Further, substantial number of claims are pending from candidates with higher educational qualifications. Hence, to expeditiously process and bring clarity to the scheme of granting incentive, in partial modification of the orders issued in GO (Ms)No. 116, Personnel and Administrative Reforms (FR-IV) Department, dated 15.10.2020 and G.O. (Ms)No. 120, Human Resources Management (FRIV) Department, dated 01.11.2021 and clarifications issued in Letter No.4470/FR-IV/2022-1, Human Resources Management (FR-IV) Department, dated 18.02.2022, the cut-off date for sanction of advance increments for having acquired higher educational qualifications ended and the new scheme of sanction of lumpsum amount is ordered to take effect from 10.03.2020.

8.

Thus, the clarification issued in G.O. (Ms)No.116, Personnel and Administrative Reforms (FR-IV) Department, dated 13/16

15.10.2020 and Letter No.4470/FR-IV/2022-1, Human Resources Management (FR-IV) Department, dated 18.02.2022 are harmonized to ensure that, all pending applications as on 10.03.2020 and claims made subsequently for sanction of benefits for having acquired higher educational qualifications shall be disposed as per this new scheme of granting lumpsum incentives only and not the earlier scheme of granting increments in salary. This principle would ensure expeditious disposal of all pending claims, and also maintain parity and equal treatment between the claims pending as on date and for the persons acquiring higher educational qualifications in future also. Even though many Government servants have acquired their higher educational qualification prior to 10.03.2020, as per the orders issued in G.O. (Ms) No.

95, Personnel and Administrative Reforms (FR-IV) Department, dated 26.10.2023, they are not eligible for sanction of advance increment for acquiring higher qualification since by the orders issued in the above, the lumpsum amount shall be granted only for those who have acquired higher qualification and not sanctioned with advance increment till date.

9. Now, as per the above Government Orders, those who had completed additional qualification are entitled to have only lumpsum incentive. Therefore, the request of the petitioners cannot be considered. As such, this writ petition is devoid of merits and liable to be dismissed.

10. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

05.02.2024 Internet: Yes 2/2 Index: Yes/No Speaking/Non-speaking order lok 15/16

G.K.ILANTHIRAIYAN, J.

lok To 1.Chief Secretary to Government, State of Tamil Nadu, Human Resources Management (FR-IV) Department, Previously known as Personnel and Administrative Reforms FR-IV) Department, Fort St.George, Chennai-9 2.Principal Secretary to the Government, State of Tamil Nadu, Department of School Education, Fort.St.George, Chennai -9.

3.The Director of Elementary Education, DPI Campus, Chennai -6 05.02.2024 16/16