The Secretary To Government v. N. Alagarsamy

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 (MD) Nos.817 & 818 of 2017 and CMP (MD) Nos. 5671 & 5672 of 2017

1. The Secretary to Government School Education, Fort St. George, Chennai 600 009.

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

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

4. The District Educational Officer, Aruppukkottai Educational District, Aruppukkotai, Virudhunagar District.

5. The Headmaster, Government Higher Secondary School, Tamilpadi, Virudhunagar District.

..Appellants in both the Appeals Vs.

N.Alagarsamy .. Respondent in WA (MD) No.817/2017 V.Santhi .. Respondent in WA (MD) No.818/2017 1/6

Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order passed by this Court dated 01.11.2016 passed in (i) W.P.(MD) No.20873 of 2016 (ii) W.P.(MD) No.20874 of 2016 respectively. For Appellants : Mrs. S.Mythreye Chandru (in both the Appeals) Special Govt. Pleader (Edn.) For Respondents : Mr.A.Arulvadivel @ Sekar (in both the Appeals) 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 WA 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 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.

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 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 3/6

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 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 4/6

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 is closed.

(R.SUBRAMANIAN, J.) (K.KUMARESH BABU, J.) 10.10.2022 Index: Yes/No Internet: Yes/No speaking order/non speaking order jv To

1. The Secretary to Government School Education, Fort St. George, Chennai 600 009.

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

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

4. The District Educational Officer, Aruppukkottai Educational District, Aruppukkotai, Virudhunagar District.

5. The Headmaster, Government Higher Secondary School, Tamilpadi, Virudhunagar District.

5/6

R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

(jv) Writ Appeal (MD) Nos.817 & 818 of 2017 and CMP (MD) Nos. 5671 & 5672 of 2017 10.10.2022 6/6