The Secretary To Government v. E.Thanikachalam
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 Appeal Nos.1666, 1667, 1668, 1669 and 1670 of 2014 and M.P.Nos.1, 1, 2, 1, 2, 1, 2, 1 and 2 of 2014 1.The 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, Tiruvallur District, Tiruvallur. ...Appellants in all Appeals 4.The Headmaster, Government Boys Higher Secondary School, Uthukottai-602 026.
Tiruvallur District. ...Appellants in W.A.Nos.1666 and 4.The Headmaster, Government Boys Higher Secondary School, Arkadukuppam-631 204, Tirvallur District.
...Appellants in W.A.Nos.1667 and 4.The Headmaster, Government Boys Higher Secondary School, Poondi-602 023.
Tiruvallur District. ...Appellant in W.A.No.1670 of 2014 1/7
Vs.
E.Thanikachalam
...Respondent in W.A.No.1666/2014
P.Nageswararao
...Respondent in W.A.No.1667/2014
M.Panneeselvam ...Respondent in W.A.No.1668/2014 M.Dhanamjayudu ...Respondent in W.A.No.1669/2014 S.Ramesh ...Respondent in W.A.No.1670/2014 Common Prayer: Writ Appeals filed under Clause 15 of Letters Patent, against the orders passed by this Court dated 18.12.2013 made in W.P.No.34388 of 2013, W.P.No.34389 of 2013, W.P.No.34390 of 2013, W.P.No.34391 of 2013 and W.P.No.34392 of 2013 respectively. For Appellants in all Appeals : Mrs.S.Mythreye Chandru Special Govt. Pleader (Edn.) For Respondent in all Appeals : Mr.S.Kamadevan C O M M O N J U D G M E N T (Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The Writ Appeals have been posted upon a reference being answered by a Full Bench of this Court in W.A.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 W.A.(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 2/7
third set of incentive increment on account of acquiring higher qualification and the other in W.A.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 W.A.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 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 3/7
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 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 4/7
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 Appeals filed by the Government will stand allowed and the Writ Petitions will stand dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are 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-600 009 2.The Director of School Education, College Road, Chennai-600 006 3.The Chief Educational Officer Tiruvallur District, Tiruvallur 4.The Headmaster, Government Boys Higher Secondary School, Uthukottai-602 026,Tiruvallur District 5.The Headmaster, Government Boys Higher Secondary School Arkadukuppam-631 204 Tirvallur District 6.The Headmaster, Government Boys Higher Secondary School Poondi-602 023 Tiruvallur District 6/7
R.SUBRAMANIAN, J.
and K.KUMARESH BABU, J.
pam Writ Appeal Nos.1666, 1667, 1668, 1669 and 1670 of 2014 and M.P.Nos.1, 1, 2, 1, 2, 1, 2, 1 and 2 of 2014 10.10.2022 7/7