A.Joshua Ganapalam, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Joshua Gnanapalam ..Petitioner -Vs1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Secretariat, Chennai 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.

3.The District Educational Officer, Chennai Central, Saidapet, Chennai 600 015.

4.The Correspondent, Wesley Higher Secondary School, Royapettah, Chennai 600 014.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India praying for the 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.02819/K/E1/2018 dated 03.02.2020 and to quash the same and consequently directing the respondents to sanction

incentive increment to the petitioner for acquiring M.Phil., degree as per G.O.Ms.No.1170, Education, Science and Technology Department dated 20/12/1993 from 23/02/2016 onwards with all consequential revision of pension and other payment benefits.

For Petitioner : Mr.J.Jayamalan For R1 to R3 : Mrs.P.Rajarajeswari Government Advocate.

ORDER

This Writ Petition has been filed challenging the order passed by the second respondent dated 03.02.2020, thereby rejected petitioner's claim of incentive increment for his higher qualification.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3 and perused the materials available on record.

3. The petitioner was appointed as Post Graduate Teacher in the subject of Chemistry. While being so, he completed his M.Phil in Sociology. Therefore, the petitioner claimed incentive increment for his higher qualification. It was rejected. Hence, this writ petition.

4. A perusal of the records reveals that the petitioner retired from service on 30.09.2016, whereas, he obtained M.Phil degree on 21.02.2016. That apart, the petitioner obtained higher qualification in M.Phil in Sociology. It is no way connected with the subject of Chemistry, in which the petitioner was taking classes. On both grounds, the petitioner is not entitled for any incentive increment. Therefore, the claim made by the petitioner was rightly rejected.

5. In view of the above, this Court finds no infirmity or illegality in the order passed by the second respondent dated 03.02.2020. Thus, the writ petition lacks merits and it is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs. 03.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp

G.K.ILANTHIRAIYAN. J, Lpp To 1.The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Fort St. George, Secretariat, Chennai 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.

3.The District Educational Officer, Chennai Central, Saidapet, Chennai 600 015.

03.09.2024