Paulraj.M v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Paulraj M ... Petitioner Vs
1. The Registrar, The Tamil Nadu Dr. M.G.R.Medical University, No. 69, Anna Salai, Guindy, Chennai - 600 032.
2. The Vice Chancellor, The Tamil Nadu Dr. M.G.R.Medical University, No. 69, Anna Salai, Guindy, Chennai - 600 032.
... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 23.03.2022, 25.01.2023, 14.06.2023, 11.12.2023, 18.12.2023 and 08.03.2024 and sanction two advance increments to the petitioner for acquiring Post Graduate qualification in M.A. (Public Administration) with effect from May2011 along with the arrears of salary.
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For Petitioner : Mr. Akshai Sajin Kumar. V.L For Respondents : Mr. A.Mohammed Gouse
O R D E R
The Writ Petition has been filed for directing the respondents to consider the petitioner's representation dated 23.03.2022, 25.01.2023, 14.06.2023, 11.12.2023, 18.12.2023 and 08.03.2024 seeking two advance increments to the petitioner for acquiring Post Graduate qualification in M.A. (Public Administration) with effect from May2011 along with the arrears of salary.
2.
Heard, the learned counsel appearing on either side. 3.
In this regard, the Government had already passed G.O. (Ms) No. 37, Personnel and Administrative Reforms (FR-IV) department, dated 10.03.2020, it has clearly been mentioned as follows:- "The cases of Government servants who have acquired higher qualification prior to issue of this general order, and not sanctioned with advance increments be examined separately as per the previous orders issued, if any, by the administrative department concerned and with 2/8
reference to the posts specified in that order and if he is otherwise qualified, then the advance increment may be sanctioned by the administrative department concerned after obtaining concurrence of Finance department. If no previous orders were issued by any of the department concerned, then they are not eligible for sanction of any advance increments for passing higher qualification irrespective of the post held/degree acquired."
4. Certain clarification have been issued in G.O.(Ms) No.116, P&AR (FRIV) Dept., dated 15.10.2020 i.e., the cases of Government Servants who have acquired higher qualification prior to the date of issue of G.O. (Ms) No. 37, P&AR Dept., dated 10.03.2020 and appropriate orders to be issued before 31.03.2021. Based on the orders issued in G.O. (Ms) No.116, P&AR (FRIV) Dept., dated 15.10.2020, the cut off date for granting advance increment who have acquired higher qualification prior to 10.03.2020 has been extended from 10.03.2020 to 31.03.2021. Further, on exemption basis, all the pending claims have been allowed until the orders issued in G.O. (Ms) No. 95, Personnel and Administrative Reforms (FR-IV) Department, dated 26.10.2023.
5. Further, as a policy measure for welfare of Government 3/8
Servants a new policy has been adopted on the analogy of Government of India and orders have been issued in G.O.Ms.No.120, Human Resources Management (FR-IV) Department, dated 01.11.2021, for granting incentive in the form of one-time lumpsum amount to the State Government Employees for having acquired additional qualification after 10.03.2020 as follows:- Sl.No.
Higher Qualification Amount 1.
Ph.D 25,000/- 2.
PG Degree or equivalent 20,000/- 3.
Degree/Diploma 10,000/-
6. Further, substantial number of claims are pending from candidates with higher educational qualifications. Hence, to expeditiously process and bring clarity to the scheme of granting incentive, in partial modification of the orders issued in GO (Ms)No. 116, Personnel and Administrative Reforms (FR-IV) Department, dated 15.10.2020 and G.O. (Ms)No. 120, Human Resources Management (FR-IV) Department, dated 01.11.2021 and clarifications issued in Letter No.4470/FR-IV/2022-1, Human Resources Management (FR-IV) Department, dated 18.02.2022, the cut-off date for sanction of advance increments for having acquired higher 4/8
educational qualifications ended and the new scheme of sanction of lumpsum amount is ordered to take effect from 10.03.2020. 7.
Thus, the clarification issued in G.O. (Ms)No.116, Personnel and Administrative Reforms (FR-IV) Department, dated 15.10.2020 and Letter No.4470/FR-IV/2022-1, Human Resources Management (FR-IV) Department, dated 18.02.2022 are harmonized to ensure that, all pending applications as on 10.03.2020 and claims made subsequently for sanction of benefits for having acquired higher educational qualifications shall be disposed as per this new scheme of granting lumpsum incentives only and not the earlier scheme of granting increments in salary. This principle would ensure expeditious disposal of all pending claims, and also maintain parity and equal treatment between the claims pending as on date and for the persons acquiring higher educational qualifications in future also.
Even though many Government servants have acquired their higher educational qualification prior to 10.03.2020, as per the orders issued in G.O. (Ms) No. 95, Personnel and Administrative Reforms (FR-IV) Department, dated 26.10.
above, the lumpsum amount shall be granted only for those who have acquired higher qualification and not sanctioned with advance increment till date.
8. Therefore, as per the above Government Orders, those who had completed additional qualification are entitled to have only lumpsum incentive. Accordingly, the petitioner is entitled for only lumpsum incentive for acquiring additional qualification. The respondents are directed to disburse the lumpsum incentive as per the above Government orders to the petitioner for acquiring additional qualification on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
9. With the above directions, this Writ Petition is disposed of. No costs.
23.07.2024 Index:Yes/No kv To 6/8
1. The Registrar, The Tamil Nadu Dr. M.G.R.Medical University, No. 69, Anna Salai, Guindy, Chennai - 600 032.
2. The Vice Chancellor, The Tamil Nadu Dr. M.G.R.Medical University, No. 69, Anna Salai, Guindy, Chennai - 600 032.
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G.K.ILANTHIRAIYAN, J.
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