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Madras High CourtWP(MD)/1215/2018allowed

P.Xilda Sumathi Esther v. The District Educational

2018-01-31Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.1215 of 2018 P.Xilda Sumathi Esther .... Petitioner Vs.

1.The District Educational Officer, Melur, Madurai District.

2.The Correspondent, OCPM Girls Higher Secondary School, Madurai - 2.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceeding of the 1st respondent made in Omu.No.6499/A2/2017 dated 24.10.2017 and quash the same and consequently direct the 1st respondent to grant two incentive increments to the petitioner. For Petitioner : Mr.K.Govindarajan For Respondents : Mr.M.Jeyakumar, Additional Government Pleader

ORDER

The petitioner is working as a secondary grade teacher in the second respondent school. She got appointment on 10.01.1990 in another school and was transferred to the second respondent school in the year 2005. The petitioner is possessing M.A., M.Ed., degrees. Therefore, for acquisition of such higher qualification, the petitioner claims incentive increment.

2.The learned counsel for the petitioner would submit that a similarly placed teacher was granted relief in W.P.(MD) No.21286 of 2015 on 08.12.2015.

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3.The learned Additional Government Pleader appearing for the respondent No.1 would submit that the said order has been challenged in W.A.(MD) No.812 of 2017. However, he would fairly submit that no interim order has been granted by the Division Bench. Since the case on hand is admittedly similar to W.P.(MD) No.21286 of 2015, the impugned order in the writ petition dated 24.10.2017 is quashed and the first respondent is directed to grant two incentives increment to the petitiones.

This writ petition is allowed. No costs.

Sd/- Assistant Registrar(Protocol) /True Copy/ Sub-Assistant Registrar To 1.The District Educational Officer, Melur, Madurai District.

2.The Correspondent, OCPM Girls Higher Secondary School, Madurai - 2.

+One cc to Mr.K.Govindarajan, Advocate, SR>No.45314 +One cc to The Special Government Pleader, SR.No.45996 Arul RL/5C/2P/SV/MMS/SAR4/13//2/2018 W.P(MD)No.1215 of 2018 31.01.2018 https://hcservices.ecourts.gov.in/hcservices/