State Of Tamil Nadu Rep By v. R. Gnanasekaran, M.A,Med,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP and C.M.P.No.19815 of 2016 1.State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Thiruvannamalai District.
4.The Head Master, Government Girls Higher Secondary School, Kil Kodungalur and Post, Thiruvannamalai District.
...Appellants/Respondents Vs.
R.Gnanasekaran
...Respondent
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Prayer : Writ Appeal filed under Clause 15 of the Letters Patent, to allow the writ appeal and set aside the order dated 05.03.2013 passed in W.P.No.16958 of 2009.
For Appellants : Mr.S.Silambanan, Additional Advocate General, Assisted by Mr.M.Babu Barveez, Government Advocate For Respondent : Mr.R.Saravanakumar ***********
J U D G M E N T
(Judgment was made by R.SUBRAMANIAN, J.) The State is on appeal challenging the order of the writ Court granting the benefit of incentive increment as per G.O.Ms.No.42 dated 10.01.1969 and other subsequent Government Orders for acquiring higher qualification during the period of service.
2. The writ petitioner viz., respondent in this appeal was appointed as a Vocational Instructor (Agriculture) and was teaching the subject Crop Production for the agricultural group of Higher Secondry 2/7
Classes. Claiming that he had acquired higher qualification viz., M.A., Tamil, M.Ed., and M.Phil., the petitioner sought for incentive increment. The same was rejected on the ground that the petitioner having been appointed as a Vocational Instructor would not be entitled to incentive increment. The petitioner challenged the said order.
3. Pending the said challenge, the Government has issued G.O.Ms.No.240 dated 18.08.2010 providing for a Scheme for grant of incentive increments to Vocational Instructors. The said Scheme provides for grant of incentive increment upon acquiring higher qualification in specific subjects relating to the vocational stream. For example, the Vocational Instructor teaching Accountancy can get incentive increment for obtaining B.Com., or M.Com., or related M.Phil or P.hd., Similarly a Vocational Instructor teaching Crop Production would be entitled to get incentive increment for obtaining higher qualification in B.Sc., M.Sc., M.Phil or P.hd., in the relevant subject namely Agriculture. 3/7
4. Incentive increments are not statutory entitlement. They are exgratia payments made by the State as incentive for obtaining higher qualification. They cannot be granted for the asking. A person who claims incentive increment must satisfy the requirements of the Government Orders issued in this regard. Once the Government Order clearly stipulates that incentive increment would be payable only if the higher qualification relates to the specific subject, the petitioner cannot claim incentive increment for having obtained higher qualification in a totally different subject.
5. Unfortunately, the Government Order was not placed before the writ Court. The writ Court had followed the judgment of this Court in M.Jayakumar Vs. The Director of School Education, Chennai and others in W.P.No.6771 of 2007 dated 20.11.2008, wherein, the Vocational Instructor in Accountancy had obtained higher qualification in the relevant subject i.e., Post Graduation in Commerce. Therefore, this case cannot be treated on the same footing. The petitioner not having obtained higher qualification in the related subjects, we are clear that he would not be entitled to incentive increment.
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6. The learned counsel would contend that he would be atleast entitled to incentive increment for acquiring B.Ed., and M.Ed., It is open to him to make a claim and we make it clear that we do not express any opinion on the merits of the claim.
7. Hence, the writ appeal is allowed. The order of the writ Court is set aside. The writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
(R.S.M., J.) (S.S.K., J.) 19.01.2023 dsa Index :No Internet :Yes Speaking order 5/7
To 1.The Secretary to Government, State of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Thiruvannamalai District.
4.The Head Master, Government Girls Higher Secondary School, Kil Kodungalur and Post, Thiruvannamalai District.
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R.SUBRAMANIAN, J.
and SATHI KUMAR SUKUMARA KURUP , J.
dsa 19.01.2023 7/7