The Secretary To Government School Education v. P.Kandhan, B.T.Assistant (English)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.(MD) No.2798 of 2020 1.The Secretary to Government School Education Fort St.George Chennai-600 009 2.The Director of School Education College Road Chennai-600 006 3.The Chief Educational Officer Palani Road School Education Compound Dindigul District Dindigul 4.The Education Officer Vedasandur Educational District Vedasandur Boys Higher Secondary School Complex Vedasandur Post Dindigul District

5.The Block Educational Officer Vadamadurai Educational Block Vadamadurai Post Vadasandur Taluk Dindigul Taluk Dindigul District 6.The Headmaster Govt. High School Thangammapatti Dindigul District-624 801 ... Appellants -vsDr.P.Kandhan ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 26.06.2018, passed in W.P.(MD) No.13500 of 2018, on the file of this Court.

For Appellants :

Mr.D.Sadiq Raja Additional Government Pleader For Respondent :

Mr.M.Gnanagurunathan

J U D G M E N T

[Judgment of the Court was made by S.M.SUBRAMANIAM, J.] This writ appeal is directed against the order of the learned Single Judge, dated 26.06.2018, passed in W.P.(MD) No.13500 of 2018.

2. The relief sought for in the writ proceedings was for grant of third incentive increment to the respondent / writ petitioner for possessing additional educational qualification.

3. The Full Bench of this Court, by Judgment dated 29.04.2022 in W.A.No.3674 of 2019 etc. batch, has held that a Teacher is entitled to draw only two incentive increments in his / her entire service and third incentive increment has not been contemplated under the scheme of incentive increment. The relevant portion of the said Judgment is extracted hereunder: "13.In the light of the above, we are of the considered opinion that the view taken by the Division Bench in W.A.No.1664 of 2016 dated 29.06.2018 (The Director of School Education and others vs. V.Dhanapal) that a teacher shall be granted only with two incentive increments, equivalent to four advance increments, for the entire period of his/her service, holds good and the view taken by the

Division Bench in W.A.(MD) No.701 and 769 of 2015 etc., dated 15.07.2015 (The Director of School Education and others v. S.Amalraj) and the view taken by another Division Bench in W.A.(MD) No.867 of 2014, dated 18.09.2014 (The Director of School Education and another v. N.Balasoundari and another) that a teacher is entitled to the third set of incentive increment, cannot be said to be a good law. We answer the reference accordingly."

4. In view of the above position, the writ appeal is allowed and the order, dated 26.06.2018, passed in W.P.(MD) No.13500 of 2018, is set aside. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [V.L.N., J.] 12.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk and C.M.P.(MD) No.2798 of 2020 12.10.2023