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Madras High CourtWP(MD)/16724/2018disposed of

S.Ganesan, v. The Director Of School

2018-07-30Honourable Mr Justice R. Suresh Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2018

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P(MD)Nos.16724 to 16727 of 2018 In W.P(MD)Nos.16724 of 2018:

S.Ganesan .. Petitioner Vs 3.The Head Master, K.R.Saradha Government Higher Secondary School, Nalatinputhur, .. Respondents In W.P(MD)Nos.16725 of 2018:

R.Rajalakshmi .. Petitioner Vs 3.The Head Master, Government High School, Kodangipatti, Kuruvarpatti- 628 904, .. Respondents In W.P(MD)Nos.16726 of 2018:

A.Sumathi .. Petitioner Vs 3.The Head Master,

Government Higher Secondary School, Oothupatti, .. Respondents In W.P(MD)Nos.16727 of 2018:

R.Rajalakshmi .. Petitioner Vs 3.The Head Master, Government Higher Secondary School, Villiseri, Kovilpatti, .. Respondents Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respective respondents to sanction the incentive increment to the petitioners for M.A.Tamil qualification and confer all the consequential benefits.

In all writ petitions:

For Petitioner : Mr.V.Panneer Selvam (All Cases) For Respondents : Mrs.S.Srimathy Special Government Pleader (All Cases) COMMON ORDER The prayer sought for in these writ petitions are for a writ of Mandamus directing the respective respondents to sanction the incentive increment to the petitioners for M.A.Tamil qualification and confer all the consequential benefits.

2. Since the petitioners are similarly placed and they seek for similar or same relief from the respondents, with the consent of both sides, all these writ petitions were heard together and are being disposed of by this common order.

3. Heard Mr.V.Panneer Selvam, learned counsel appearing for the petitioner in all petitions and Mrs.S.Srimathy, learned Special Government Pleader appearing for the official respondents.

4. The learned counsel appearing for the petitioners would submit that in all these cases, the petitioners are working as Special Teachers, either as Craft Teachers or Tailoring Teachers. They have already acquired the qualification of B.Ed., degree, for

which, incentive increment has been sanctioned to these petitioners.

5. These petitioners have also acquired further higher qualification of Post Graduate degree and for the said higher qualification, eventhough the petitioners are entitled to get second set of increment and the same eventhough have been requested for by the petitioners, had not been considered, and so far, they have not been given by the second set of increment for the higher qualification of M.A.

6. In this regard, representations have been given by the petitioners to the respondents on 19.03.2018, 26.04.2018, 07.05.2018 and 07.05.2018 respectively.

7. If these representations are directed to be considered and an order to that effect is directed to be passed on merits, within a time frame, by the respondents, the petitioners would be satisfied.

8. I have heard Mrs.S.Srimathy, learned Special Government Pleader, who would submit that, the representations of the petitioners, individually submitted to the respondents, seeking second set of incentive increment for acquiring the higher qualification of M.A. decree by each petitioners, would be considered on merits and an order to that effect would be passed within a time frame.

9. The entitlement of petitioners to get second set of incentive increment can no longer be an unresolved issue, since the issue has been settled in number of cases. Therefore, the petitioners are entitled to get second set of increment for their acquiring higher qualification. Admittedly, since the petitioners have already been given the first set of increment for higher qualification of B.Ed., the respondents are directed to consider the request of the petitioners by way of individual representations submitted by them, on the dates as mentioned above and pass necessary orders, with regard to the sanction of the second set of incentive increment for acquiring the higher qualification of M.A. decree, for each of the petitioners and such orders shall be passed within a period of six weeks from the date of receipt of the copy of this order.

10. With these directions, these writ petitions are disposed of. No Costs.

Sd/ Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar(CS-III) To

+1cc to M/s.Special Government Pleader,SR.No. 75943,75937,75936 +4cc to Mr.V.Panneer Selvam, Advocate, SR.No.75966,75967,75968,75969 W.P(MD)Nos.16724 to 16727 of 2018 30.07.2018 pjl KK/PM/SAR-3/18.12.2018/4P-8C