Mr.A.Navaneetha Krishnan v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :12.07.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.22825 of 2016 and W.M.P.No.19514 of 2016 Mr.A.Navaneetha Krishnan ..Petitioner vs 1.The State of Tamil Nadu, Rep.by its Principal Secretary to Government, School Education Department, Secretariat, Fort.St.George, Chennai - 600 009.
2.The Director of School Education, D.P.I.Compound, College Road, Chennai - 600 006.
3.The Finance Adviser and Chief Accountant Officer(Audit), Director of School Education, College Road, Chennai - 600 006.
4.The Headmaster, Marimalai Adikal Government Higher Secondary School, Pallavaram, Chennai - 600 043.
.. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the undated letter of the 3rd respondent in his Na.Ka.No.1053/Addha-2/2015, and the consequential proceedings dated 12.04.2016 of the 4th respondent in his Na.Ka.No.51/2016, quashing the same and directing the respondents to continue to pay the incentive increment to the petitioner for his M.Phil., Degree in Physical Education.
For Petitioner : Mr.C.Johnson For Respondent : Mr.K.Karthikeyan, GA
O R D E R
The relief sought for in this writ petition is to call for the records relating to the undated letter of the 3rd respondent in his Na.Ka.No.1053/Addha-2/2015, and the consequential proceedings dated 12.04.2016 of the 4th respondent in his Na.Ka.No.51/2016, quash the same and to direct the respondents to continue to pay the incentive increment to the petitioner for his M.Phil., Degree in Physical Education.
2.The learned counsel appearing on behalf of the writ petitioner made a submission that the writ petitioner was appointed as Physical Education Teacher in the 4th respondent school and he had also obtained M.Phil in Physical Education during April 2009. The grievance of the writ petitioner is that on acquisition of additional educational qualification, incentive increment can be granted in accordance with the Government Orders, however, the incentive increment though granted by the authority competent, later came to be cancelled through the impugned order and the excess payment was also sought to be recovered. Thus, the petitioner is constrained to move the present writ petition.
3.The issue in relation to the grant of incentive increment to the teachers working in the Educational Department on acquisition of additional educational qualification, has been decided by the Hon'ble Division Bench of this Court in Writ Appeal No.1664 of 2016 and the Judgment was delivered on 29.06.2018.
4. The Hon'ble Division Bench of this Court has considered the relevant Government orders and observed as under in paragraphs 5 to 8 which are extracted as under: "5. Mr.K.Karthikeyan, learned Government Advocate would contend that in view of G.O.Ms.No.1024 dated 09.12.1993, which restricts the maximum number of incentive increments to two and in view of the fact that the respondent had already been granted two incentive increments, which is equivalent to four advance increments, the respondent will not be entitled any further incentive increment during the period of his service.
A copy of the said G.O. dated 09.12.1993 has been produced before us, the relevant portion of the G.O. reads as follows:
The maximum number of advance increments which a Teacher can get under the Scheme of incentive increments under this Government Order
shall be four in his entire service.
(one incentive increment is equivalent to two advance increments). The said position was clarified by the Government in G.O.Ms.285, School Education Department dated 28.11.2007, which reads as follows:
As per the policy decision of the Government, two incentives (four increments) only may be granted to the teachers for the entire period of their service and hence, accepting the above recommendation of the Director of School Education, for the Headmasters who got only one incentive for M.Ed. qualification during his service as Post Graduate Teachers and promoted to the Headmaster Post and after the promotion as Headmasters, on acquiring M.Phil/Ph.D/PGDTE qualification allowing a second incentive to such Headmasters from the date of the issue of this G.O. is ordered."
6. Of course, the respondent in his affidavit filed in support of the Writ Petition has referred to certain Government Orders as well as the Orders of this Court granting a third set of incentive increments to certain teachers. The said Government Orders have also been produced before us by the learned Government Advocate, those Government orders have been passed in particular cases, considering the peculiar circumstances of the case and the fact that the higher qualification in those cases are obtained, before 09.12.1993, i.e. the date on which the first G.O. i.e. G.O.Ms.No.1023 was passed restricting the number of incentive increments to a maximum of two, during the service of the teacher. Therefore, we do not think that those Government Orders which have been passed taking note of certain special circumstances could be taken as precedents to enable the respondent to claim an incentive increment, which he would not be entitled to otherwise.
"7. The policy decision of the Government has been consistent to the effect
that the teachers who acquire higher qualifications can be granted two incentive increments equivalent to four advance increments, during the entire tenure of their service. There is no dispute regarding the fact that the respondent has been awarded two incentive increments for acquiring B.Ed. and M.A. qualifications. Therefore, he cannot, as a matter of right, claim the third set of incentive increments for having obtained M.Phil qualification. We are therefore, unable to sustain the order of the learned Single Judge directing payment of third incentive increment to the respondent.
"8. For the foregoing reasons, the Writ Appeal is allowed and the Writ Petition No.22860 of 2014 will stand dismissed.
However in the circumstances without costs. Consequently, the connected miscellaneous petitions are closed."
5.Having regard to the above, now, it is made clear that the Teachers including the writ petitioner, who acquired higher qualifications, can be granted two incentive increments equivalent to four advance increments, during the entire tenure of their service. Thus, the respondents are bound to follow the Government order referred to in the Judgment as well as the above said decision of the Hon'ble Division Bench, for the purpose of grant of the incentive increments to the writ petitioner.
6.It is made clear that if any excess payment was paid, it is left open to the authorities to recover the same in accordance with law.
7.With these directions, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
To 1.The Principal Secretary to Government of TamilNadu School Education Department, Secretariat, Fort.St.George, Chennai - 600 009.
2.The Director of School Education, D.P.I.Compound, College Road, Chennai - 600 006.
3.The Finance Adviser and Chief Accountant Officer(Audit), Director of School Education, College Road, Chennai - 600 006.
4.The Headmaster, Marimalai Adikal Government Higher Secondary School, Pallavaram, Chennai - 600 043.
+1cc to Mr.C.Johnson, Advocate sr.no.45655 +1cc to Government Pleader sr.no.46147 W.P.No.22825 of 2016 nm(co) nr 01/08/2018