Vijay Amirtharaj.A v. The Chief Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Vijay Amirtharaj
...Petitioner
Vs.
1. The Chief Educational Officer, Chief Education Office, Trichy.
2. The District Educational Officer, Manaparai Education District, Trichy District.
3. The Block Educational Officer, Manikandam Block, Trichy District.
4. The Correspondent, St. Joseph Primary School, Punganur, Manikandam Union, Trichy District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to grant incentive increments for petitioner's higher qualification on the basis of the recommendation of the 4th respondent dated 27.10.2020 considering his representation dated 01.02.2021 which is pending with second Respondent. For Petitioner : Mrs.L.Victoria Gowri.
For Respondents : Mr.A.Thiyagarajan, Government Advocate
O R D E R
This writ petition has been filed seeking for the issuance of Writ of Mandamus to direct the second respondent to grant incentive increments for petitioner's higher qualification on the basis of the recommendation of the 4th respondent dated 27.10.2020 considering his representation dated 01.02.2021.
2. The case of the petitioner is that he is qualified in D.T.Ed and he joined the service as a Secondary Grade Teacher with effect from 22.02.2010 in the 4th respondent School. Thereafter, he completed B.A. during the year 2008-2011, B.Ed. during 2014-2015 and M.A. in the year 2012-2013 and 2016-2017, after getting prior 1/3
permission from the Secretary of the School Management. Hence, he applied for incentive increment for his higher qualification, on 27.10.2020, which was forwarded by the Secretary of the School Management to the Block Educational Officer, who in turn forwarded the same to the District Educational Officer. Since no order was passed, the petitioner has sent another application dated 01.02.2021. Even thereafter, till date, no order has been passed. Hence, the present writ petition is filed.
3. The learned counsel appearing for the petitioner submitted that it would suffice for the petitioner, if the respondents are directed to consider the application made by him on 01.02.2021.
4. With regard to the grant of advance increment for higher qualification, the Government issued a G.O.Ms.No.37, Personnel and Administrative Reforms (FR-IV) Department, dated 10.03.2020, wherein, it is stated that 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 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.
5. In view of the above, I am inclined to issue a direction to the respondents to consider the petitioner's application dated 01.02.2021, in the light of G.O.Ms.No.37, dated 10.03.2020
6. Accordingly, the Writ Petition is disposed of, directing the respondents to consider the petitioner's representation dated 01.02.2021 in the light of G.O.Ms.No.37, dated 10.03.2020 and pass orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (RTI ACT) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To
1. The Chief Educational Officer, Chief Education Office, Trichy.
2. The District Educational Officer, Manaparai Education District, Trichy District.
3. The Block Educational Officer, Manikandam Block, Trichy District.
4. The Correspondent, St. Joseph Primary School, Punganur, Manikandam Union, Trichy District.
26.03.2021 RK(10.05.2021) 3P 5C 3/3