V.Shanthy v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2021 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.Nos.9417 & 9424 of 2021 and W.M.P.Nos.10005, 10006, 10011 & 10013 of 2021 V.Shanthy ... Petitioner in WP No.9417/2021 P.Brilliant ... Petitioner in WP No.9424/2021 Vs.

1.The State of Tamil Nadu, Rep.by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of Elementary Education, College Road, Chennai - 600 006.

3.The District Educational Officer, Tirupur - 641 604, Tirupur District.

...Respondents in both WPs.

4.The Block Educational Officer, Tirupur North, Tirupur District - 641 602.

... 4th Respondent in WP.No.9417/2021 5.The Block Educational Officer, Uthukuli, Tirupur District - 638 752.

... 4th Respondent in WP.No.9424/2021 Prayer in WP.No.9417/2021: Writ petition filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus, calling for the records relating to the impugned proceedings issued by the 4th respondent Block Educational Officer in A. Thi. Mu. No. 993 / A2 / 2019 dated 25.11.2019 and quash the same and further direct the respondents herein to sanction and award forthwith two incentive increments to the petitioner for acquiring an additional higher qualification viz., B.Ed., Degree.

Prayer in WP.No.9424/2021: Writ petition filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus, calling for the records relating to the impugned proceedings issued by the 4th respondent Block Educational Officer in A. Thi. Mu. No. 17A / A2 / 2020 dated

23.03.2020 and quash the same and further direct the respondents herein to sanction and award forthwith two incentive increments to the petitioner for acquiring an additional higher qualification viz., B.Ed., Degree.

For Petitioners : Ms.Sowmi Rexi for Isaac Chambers For Respondent : Mr.P.V.Selvakumar Additional Government Pleader ..in both WPs.

COMMON ORDER The petitioner in W.P.No.9417 of 2021 was appointed as Secondary Grade Teacher and thereafter, she obtained B.Lit., Degree and was promoted as Primary School Headmistress. After having been promoted, she acquired additional qualification of B.Ed., and sought for incentive increments for securing additional qualification. As per the proceedings of the fourth respondent in A. Thi. Mu. No.993/A2/2019 dated 25.11.2019, she is entitled to two incentive increments. However, her request for grant of incentive increments dated 05.09.2019 was rejected citing an irrelevant proceedings. Aggrieved over the same, the petitioner is before this Court.

2.Likewise, petitioner in W.P.No.9424 of 2021 was appointed as Secondary Grade Teacher and thereafter, she obtained B.A., Degree and was promoted as Primary School Headmistress. After having been promoted, she acquired additional qualification of B.Ed., and sought for incentive increments for securing additional qualification. As per the proceedings of the fourth respondent in A. Thi. Mu. No.17A/A2/2020 dated 23.03.2020, she is entitled to two incentive increments. However, her request for grant of incentive increments dated 05.09.2019 was rejected citing an irrelevant proceedings. Aggrieved over the same, the petitioner is before this Court.

3.Mr.P.V.Selvakumar, learned Additional Government Pleader takes notice on behalf of the respondents and submits that irrelevant proceedings are mentioned in the impugned orders and the papers are returned.

4.Considering the said fact, the impugned orders are set aside and the matter is remitted back to the fourth respondent for fresh consideration. The fourth respondent is directed to consider the request of the petitioners in the light of relevant Government Orders and pass orders, on merits and in accordance with law, within a period of six weeks from the date

of receipt of a copy of this order.

5.Both the Writ Petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The State of Tamil Nadu, Rep.by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of Elementary Education, College Road, Chennai - 600 006.

3.The District Educational Officer, Tirupur - 641 604, Tirupur District.

4.The Block Educational Officer, Tirupur North, Tirupur District - 641 602.

5.The Block Educational Officer, Uthukuli, Tirupur District - 638 752.

+1 cc to The Government Pleader, SR.NO.23644 W.P.Nos.9417 & 9424 of 2021 UM(CO) NS(10/05/2021)