A.Sundaresan, v. The Government Of Tamilnadu,

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.39226 to 39235 of 2016 A.Sundaresan ..Petitioner in WP No.39226 of 2016 K.Chandra ..Petitioner in WP No.39227 of 2016 D.Selvamuthu ..Petitioner in WP No.39228 of 2016 V.Adhilakshmi ..Petitioner in WP No.39229 of 2016 A.Mathappan ..Petitioner in WP No.39230 of 2016 G.Murugan ..Petitioner in WP No.39231 of 2016 A.Mathinabi ..Petitioner in WP No.39232 of 2016 A.Thangavelu ..Petitioner in WP No.39233 of 2016 A.Deniel ..Petitioner in WP No.39234 of 2016 G.Allapitchai ..Petitioner in WP No.39235 of 2016 Vs.

1. The Government of Tamilnadu Rep. by Secretary to Government School Education Department, Secretariat, Chennai 600 009.

.. 1st Respondent in all the petitions 1/8

2. The Director of School Education, College Road, Nungambakkam, Chennai 600 006. .. 2nd Respondent in WP Nos. 39226 to 39230, 39232, 39233& 39235/2016

3. The Chief Educational Officer, Vellore, Vellore District.

.. 3rd Respondent in WP No.39226, 39227, 39228/16

3. The Chief Educational Officer, Salem, Salem District.

.. 3rd Respondent in WP No.39229, 39230 & 39235/16

3. The Chief Ele.Educational Officer, Krishnagiri, Krishagiri District. .. 3rd Respondent in WP No.39231/16

3. The Chief Educational Officer, Dharmapuri, Dharmapuri District. ..3rd Respondent in WP No.39232/16

3. The Chief Educational Officer, Dindigul, DindigulDistrict. ..3rd Respondent in WP No.39233/16

2. The Director of Elementary Education, College Road, Nungambakkam, Chennai 600 006. .. 2nd Respondent in WP Nos. 39231 & 39234 of 2016

3. The Asst. Elementary Educational Officer, Gingee, Villupram District . .. 3rd Respondent in WP No.39234/16 Prayer: Writ Petitions filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to sanction (i) third incentive increments for acquiring B.Ed., Degree in the year July 1980 (ii) second and third incentive increments for acquiring M.Ed., Degree 2/8

in the year May 1992 and M.A. Degree in the year Nov.1990 (iii) third incentive increment for acquiring M.Ed., Degree in the year May 1992 (iv) third incentive increment for acquiring M.Ed., Degree in the year Dec.1987 (v) third incentive increment for acquiring M.Ed., Degree in the year Dec.1989 (vi) third incentive increment for acquiring M.Ed., Degree in the year Dec.1986 (vii) third incentive increment for acquiring M.Ed., Degree in the year Dec.1999 (viii) third incentive increment for acquiring M.Ed., Degree in the year May 1992 (ix) third incentive increment for acquiring M.Ed., Degree in the year May 1992 (x) the petitioner's M.Ed., Degree in the year May 1994 respectively to the petitioner and settle all the consequential monetary benefits payable to the petitioner within a stipulated time as fixed by this Court.

For Petitioners : Mr.V.Thirupathi (in all the petitions) For Respondents : Mrs.S.Mythreye Chandru (in all the petitions) Special Govt. Pleader, 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 3/8

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. After considering the various Government Orders issued on the subject, the Full Bench had observed as follows:

"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 4/8

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.1023 and 1024 came to be issued would be entitled to 5/8

incentive increments, since the number of increments was limited only by 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 all the petitions seeking incentive increments will stand dismissed. There shall be no order as to costs. (R.SUBRAMANIAN, J.) (K.KUMARESH BABU, J.) 10.10.2022 Index: Yes/no Internet: Yes/no speaking order/non speaking order jv 6/8

To

1. The Secretary to Government Government of Tamilnadu School Education Department, Secretariat, Chennai 600 009.

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

3. The Chief Educational Officer, Vellore, Vellore District.

4. The Chief Educational Officer, Salem, Salem District.

5. The Chief Ele.Educational Officer, Krishnagiri, Krishagiri District.

6. The Chief Educational Officer, Dharmapuri, Dharmapuri District.

7. The Chief Educational Officer, Dindigul, DindigulDistrict.

8. The Director of Elementary Education, College Road, Nungambakkam, Chennai 600 006.

9. The Asst. Elementary Educational Officer, Gingee, Villupram District .

7/8

R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

(jv) Writ Petition Nos.39226 to 39235 of 2016 10.10.2022 8/8