R.Arthanari, S/O.Ramamurthy v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Writ Petition Nos.32127 & 32128 of 2016 and W.M.P.No.27874 of 2016 R.Arthanari
...Petitioner in W.P.No.32127 of 2016
R.Mesiahdhas
...Petitioner in W.P.No.32128 of 2016
Vs.
1. The Secretary to Government School Education Department, Fort St. George, Chennai - 9.
2. The Director of School Education, College Road, Chennai - 6. ... Respondents 1 & 2 in both the petitions 3.The District Educational Officer, North Chennai, Chennai - 600 008.
4.The Secretary, S.S.V.Aided Higher Secondary School, Ekambareswarar Koil Agraharam Street, Chennai - 600 003. ...Respondents 3 & 4 in W.P.No.32127 of 2016 1/7
3. The District Educational Officer, Tirunelveli District, Tirunelveli - 9.
... Respondent in W.P.No.32128 of 2016 Prayer: Writ Petitions filed under Article 226 of the Constitution of India seeking (i)W.P.No.32127/2016: to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in Na.Ka.No.2951/A2/2016 dated 31.07.2016 and quash the same and direct the respondents 1 to 3 to sanction incentive increments for acquiring M.Phil qualification in the cadre of Headmaster of Higher Secondary School by extending the benefits of the G.O.Ms.Nos.209 and 15 School Education Dept. dated 08.07.2010 and 28.03.2013 issued by the first respondent to the petitioner. (ii)W.P.No.32128/2016: to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in A.Thi.Mu.No.1428/43/2014 dated 24.02.2014 and quash the same and direct the respondents 1 to 3 to sanction incentive increments for acquiring M.Phil qualification in the cadre of PG Assistant by extending the benefits of the G.O.Ms.Nos.209 and 15 School Education Dept. dated 08.07.2010 and 28.03.2013 issued by the first respondent to the petitioner.
For Petitioner : Mr.S.Kamadevan (in both the petitions) For Respondents : Mrs.S.Mythreye Chandru (in both the petitions) Spl. Govt. Pleader, for RR 1 to 3 2/7
C O M M O N O R D E R (Order of the Court was delivered by R.SUBRAMANIAN, J.) The Writ Petitions have been posted upon a reference being answered by a Full Bench of this Court in WA No.3674 of 2019 etc. batch dated 29.04.2022. A reference was made to a Full Bench in view of the conflict between two Division Bench judgments of this Court, one in WA (MD) Nos.701 and 769 of 2015 etc., dated 15.07.2015 (The Director of School Education and others v. S.Amalraj) holding that a teacher is entitled to a third set of incentive increment on account of acquiring higher qualification and the other in WA No.1664 of 2016 dated 29.06.2018 (The Director of School Education and others v. V.
Dhanapal) taking a contrary view and concluding that a teacher, during the entire tenure of service, would be entitled to only two sets of incentive increments and nothing more. 2.Upon a reference being made, the Full Bench had answered the issue concluding that the judgment of the Division Bench in WA. No.1664 of 2016 dated 29.06.2018 reflects the correct position of law.
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"12. A perusal of the above order puts the issue beyond pale of doubt that as per the policy of the Government, a teacher for the entire period of his/her service shall be granted two incentives (four increments) only. Therefore, there cannot be any dispute regarding the fact that a Secondary Grade Teacher or B.T.Assistant or Post Graduate Teacher during the entire period of service as a teacher, is entitled to get only two incentive increments. Taking note of the same only, the Division Bench in W.A.No.1664 of 2016 dated 29.06.2018 (The Director of School Education and others v. V.Dhanapal) has categorically held that the acquisition of an M.Phil. qualification does not entitle a teacher for a third incentive increment, in view of G.O.Ms.No.1024, Education, Science and Technology Department, dated 09.12.
1993 restricting the number of incentive increments to two and therefore, any teacher is not entitled to a third incentive increment." 3.An attempt is made by Mr.Sasidharan and Mr.Ganesan, appearing for some of the teachers to contend that those teachers who have obtained the additional qualification prior to 09.12.1993, namely the date on which G.O.Ms.Nos.
the said two Government Orders. We are unable to accept the said contention of the learned counsel appearing for some of the respondents because the Full Bench has categorically held that any teacher during the entire period of his/her tenure would be entitled only to two sets of incentive increments.
4.In view of the categorical pronouncement of the Full Bench extracted above, we cannot take any other view. Hence the Writ Petitions filed by the petitioners in both the petitions seeking incentive increments will stand dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
(R.SUBRAMANIAN, J.) (K.KUMARESH BABU, J.) 10.10.2022 Index: no Internet: Yes speaking order pam 5/7
To
1. The Secretary to Government School Education Department, Fort St. George, Chennai - 9.
2. The Director of School Education, College Road, Chennai - 6.
3.The District Educational Officer, North Chennai, Chennai - 600 008.
4. The District Educational Officer, Tirunelveli District, Tirunelveli - 9.
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R.SUBRAMANIAN, J.
and K.KUMARESH BABU, J.
pam Writ Petition Nos.32127 & 32128 of 2016 and W.M.P.No.27874 of 2016 10.10.2022 7/7