S. Muthukumar, v. The Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2016 C O R A M THE HONOURABLE DR.JUSTICE S.VIMALA Writ Petition (MD) No.18877 of 2016 S.Muthukumar .. Petitioner Vs.

1. The Secretary to Government, Adi-Dravidar Welfare Department, Secretariat, Chennai - 600 009.

2. The Director of Adi Dravidar Welfare, Chepauk, Chennai - 600 005.

3. The District Adi-Dravidar Welfare Officer, District Adi-Dravidar Welfare Office, Collectorate Complex, Ramanathapuram.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling records of the 2nd respondent i.e. the Director of Adi Dravidar Welfare Chennai relating to his Na.Ka.No. A3/10231/2016 Naal: 11/07/2016 and quash the same and consequently direct the respondents to sanction the 3rd incentive increment to the petitioner for acquisition of M.Phil. Degree while serving as post Graduate Assistant on par with similarly placed persons. For petitioner ... Mr.S.Visvalingam For Respondents ... Mr.V.Pandi Government Advocate

O R D E R

This is a Writ of Certiorarified Mandamus seeking to quash the proceedings, dated 11.07.2016 and to direct the respondent to sanction the third incentive increment to the petitioner for having acquired M.Phil., degree while serving as Post Graduate Assistant.

2.According to the petitioner, he is a graduate teacher and as such, he is eligible for two advance increment for passing M.A., and M.Sc., qualifications and again the petitioner is eligible for two advance increment for passing M.Ed., and M.Phil., qualifications.

3.The learned counsel for the petitioner relied upon the Judgment of this Court in R.PREMKKUMARI v. STATE OF TAMIL NADU reported in 2008 (5) MLJ 1349, wherein it is held as follows:- "If the relevant G.Os. are examined carefully, it can be safely concluded that the G.Os. in reality do not intend to lay down in the manner it has been concluded by the learned Single Judge. It is no where contemplated in the G.Os that the incentive increments would be given only to those who acquire subsequently the qualification, but is would be given to all those who either posses, which means the degree is obtained at the time of entering into service or acquire, which means the degree is obtained after entering into service. As such, appellant was entitled to claim incentive increments for having entered into service with higher qualification.

The question as to whether the appellant was entitled to receive the benefit of such increment even after introduction of revised scale of pay is required to be reconsidered in the light of the relevant rules and the Government Orders. Any amount which might be paid in excess should not be recovered from appellant."

4.The learned counsel for the petitioner would also invite the attention of this Court to the decision of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH AND OTHERS v. ARVIND KUMAR SRIVASTAVA AND OTHERS reported in 2015(1) SCC 347, where under, the entitlement to the benefit of Judgment in rem with intention to benefit all similarly situated persons irrespective of whether they had approached the Court or not, has been upheld. 5.Under such circumstances, the respondents are directed to consider the claim of the petitioner, in the light of the above Judgments and also in the light of the Government Orders issued and to pass orders, within a period of eight weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government, Adi-Dravidar Welfare Department, Secretariat, Chennai - 600 009.

2. The Director of Adi Dravidar Welfare, Chepauk, Chennai - 600 005.

3. The District Adi-Dravidar Welfare Officer, District Adi-Dravidar Welfare Office, Collectorate Complex, Ramanathapuram.

+1cc to M/S.S.Visvalingam, Advocate SR.No. 58003 +1cc to Special Government Pleader, SR.No.59107 Writ Petition (MD) No.18877 of 2016 03.10.2016 JM/JC/03.05.2017/3P/6C