The Government Of Tamil Nadu, v. N.Murugesan

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.K.GOVINDARAJAN THILAKAVADI and C.M.P.No.13694 of 2018 1.The Government of Tamilnadu rep. By its Secretary, School Education Department, Fort St.George, Secretariat, Chennai - 600 009. 2.The Director of School Education, DPI Campus, College Road, Nungambakkam, Chennai - 600 006.

3.The Chief Educational Officer, Dharmapuri.

4.The Headmaster, Govt. Hr.Sec.School, Hale-Dharmapuri, Dharmapuri District.

...Appellants Vs.

N.Murugesan

...Respondent

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 29.01.2014 made in W.P.No.2614 of 2014. 1/5

For Appellants : Mr.G.Nanmaran Special Government Pleader For Respondent : Served - No appearance

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) The State is on appeal against the order of the Writ Court, directing grant of third set of incentive increment to the respondent. 2.The respondent, who joined as a secondary grade Teacher had obtained B.Ed., and M.Ed., qualifications, for which, he was granted two sets of incentive increments. Subsequently, he was promoted as a PG-Assistant in Chemistry on 02.02.2005. Thereafter, he acquired M.Phil., qualification in December, 2009 and sought for third set of incentive increment. The authorities rejected the request on the ground that the number of incentive increments allowed is only two during the whole period service. The Writ Court, relied upon the judgment of the Division Bench in W.A.No.426 of 2008, allowed the Writ Petition of the petitioner. Hence, this appeal.

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3.The question regarding incentive increments is no longer resintegra. The Full Bench of this Court in Government of Tamil Nadu rep. By its Secretary, School Education Department Vs. R.Subramani dated 29.04.2022 had held that a Teacher through out the service is entitled to only two incentive increments.

4.In the light of the above dictum of the Full Bench, this Writ Appeal has to succeed. Therefore, this Writ Appeal stands allowed and the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(R.S.M.,J.) (K.G.T.,J.) 07.02.2023 kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order 3/5

To:- 1.The Secretary, Government of Tamil Nadu, School Education Department, Fort St.George, Secretariat, Chennai - 600 009. 2.The Director of School Education, DPI Campus, College Road, Nungambakkam, Chennai - 600 006.

3.The Chief Educational Officer, Dharmapuri.

4.The Headmaster, Govt. Hr.Sec.School, Hale-Dharmapuri, Dharmapuri District.

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R.SUBRAMANIAN, J.

and K.GOVINDARAJAN THILAKAVADI, J.

KKN and C.M.P.No.13694 of 2018 07.02.2023 5/5