Subhadra.N v. The Govt.Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.952 of 2021 N.Subhadra .. Petitioner v.

1.The Government of Tamil Nadu, Rep. by its Secretary to Government, Department of School Education, Fort St.George, Secretariat, Chennai - 600 009.

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

3.The Chief Educational Officer, Nagercoil, 4.The Headmaster, Government Higher Secondary School, Marthandam and Post, .. Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records of the third respondent in Na.Ka.No.2340/A2/2020 dated 20.11.2020, quash the same and consequently, directing the respondents to sanction and disburse the eligible incentive increment to the petitioner for acquiring B.Ed and M.Ed in the light of G.O.Ms.No.240, School Education Department, dated 18.08.2010.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.P.T.Thiraviam Government Advocate *****

ORDER

The petitioner, who was initially appointed as a part time Laboratory Technician in the Government Higher Secondary School, Arumanai, in the year 1993, was absorbed as a Vocational Instructor on 05.10.1996. He acquired additional qualifications of M.A (Economics), B.Ed and M.Ed. As per the Government Order in G.O.Ms.No.240, School Education Department, dated 18.08.2010, the Vocational Instructors were provided with incentive increments for their additional qualifications. The petitioner 2/6

comes under the category of Vocational Instructor for Health and he is now working as a Medical Laboratory Assistant. Therefore, he made a request for incentive increment, however, it was rejected. Challenging the same, the petitioner has filed this writ petition.

2.As per the Government Order in G.O.Ms.No.240, School Education Department, dated 18.08.2010, the basic qualification for the Medical Laboratory Assistant is B.Sc (Biochemistry) and such Medical Laboratory Assistant would be eligible for first incentive increment if he possesses M.Sc (Biochemistry) or B.Ed degree. Similarly, if he possess M.Phil or M.Ed or Ph.D, he would be eligible for second incentive increment. 3.Admittedly, the petitioner is not possessing the basic qualification, as prescribed in G.O.Ms.No.240, School Education Department, dated 18.08.2010. Moreover, the petitioner has pursued his higher qualification in M.A (Economics), which is no way connected with the nature of his job and thereafter, he obtained B.Ed and M.Ed based on his M.A degree, which he has obtained in Economics.

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4.Therefore, this Court is not inclined to interfere with the impugned order. Accordingly, this writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Index :

Yes / No 21.01.2025 NCC :

Yes / No gk To 1.The Secretary to Government, State of Tamil Nadu, Department of School Education, Fort St.George, Secretariat, Chennai - 600 009.

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

3.The Chief Educational Officer, Nagercoil, 4/6

4.The Headmaster, Government Higher Secondary School, Marthandam and Post, 5/6

B.PUGALENDHI, J.

gk 21.01.2025 6/6