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Madras High CourtWP(MD)/707/2019disposed of

S.Indradevi Sucilla v. The District Educational

2022-02-09Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and WMP(MD)No.607 of 2019 S.Indradevi Sucilla ... Petitioner Vs.

1.The District Educational Officer, Tiruchendur, Tuticorin District - 628 215.

2.The Block Education Officer, Udangudi Union, Tuticorin District - 628 203 (Earlier called as Assistant Elementary Educational Officer), 3.The Correspondent, Hassaniya Middle School, Kulasekharapatnam, Tuticorin District - 628 206.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 2nd respondent herein vide proceedings A.Thi.Mu.No.140/A3/2016, dated 23.02.2017 quash the same, and further direct the respondents herein to sanction one set of incentive increments for acquiring M.A.degree w.e.f., 29.05.2015 to the petitioner.

For Petitioner :Mr.A.Ajith Geethan For Respondents :Mr.G.V.Vairam Santhosh 1&2 Addl.Govt.Pleader

O R D E R

The claim of the writ petitioner for incentive increment was rejected. Hence, the petitioner is before this Court with the present Writ Petition.

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2. The learned counsel for the petitioner made a submission that the petitioner at the time of appointment had completed B.Sc and B.Ed., and appointed as Secondary Grade Teacher. The learned counsel for the petitioner reiterated that the as per the Government Order, the petitioner may not be eligible for incentive increment for the educational qualification of B.Sc., and B.Ed., however, the petitioner is claiming incentive increment for M.A. Degree, which she acquired subsequently.

3. It is needless to state that incentive increment for acquiring additional qualification is to be granted strictly in accordance with the terms and conditions stipulated in the Government Policy. Incentive increment is a concession extended in order to encourage the teacher to acquire the additional educational qualification for the benefit of the students and to impart better education. When the purpose and object of the incentive increment is to encourage the teachers then such increments are to be granted strictly in accordance with the eligibility and the conditions stipulated in the appointment order.

4. The learned counsel for the petitioner states that the petitioner is not claiming incentive for the qualifications of B.A. and B.Ed., but, she seeks increment for M.A. Degree.

5. In this regard, the petitioner is at liberty to submit a fresh representation along with the earlier representation to the competent authority and in the event of submitting any such application, the competent authority shall consider and take an appropriate decision on merits and in accordance with law with reference to the Government policy, as expeditiously as possible.

6. With these directions, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK To 1.The District Educational Officer, Tiruchendur, Tuticorin District - 628 215.

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2.The Block Education Officer, Udangudi Union, Tuticorin District - 628 203 (Earlier called as Assistant Elementary Educational Officer), 3.The Correspondent, Hassaniya Middle School, Kulasekharapatnam, Tuticorin District - 628 206.

+1 CC to M/s.SPL GP ( SR-5329[F] dated 10/02/2022 ) 09.02.2022 RK(28/02/2022) 3P 5C 3/3