P. Sivakumar v. The Joint Director,

W.P.(MD).No.18230 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).No.18230 of 2014 and MP(MD)Nos.1, 2 and 3 of 2014 P.Sivakumar ... Petitioner -Vs1.The Joint Director, Higher Secondary Education, Directorate of School Education, Chennai-6.

2.The Chief Educational Officer, Trichy-620 008, Trichy District.

3.The District Educational Officer, Musiri-621 211, Trichy District.

4.The Head Master, Sengunthar Higher Secondary School, Turaiyur-621 010, Trichy District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order passed by the third respondent in his proceedings Na.Ka.No.66/Aa4/2014, dated 09.09.2014 and quash the same as illegal.

For Petitioners : Mr.M.Suresh For Respondents : Mrs.S.Srimathy Special Government Pleader (for R1 to R3) No Appearance (for R4)

ORDER

The order of rejection, dated 09.09.2014 rejecting the claim of the writ petitioner for grant of ratification, is under challenge in the present writ petition.

2.The petitioner was appointed as B.T. Assistant on 02.08.2007. The petitioner applied for M.A., (Economics) through Distance Education at Annamalai University during the year 2012 and subsequently, he passed. The petitioner submitted an application https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.18230 of 2014 seeking incentive increment for possessing additional qualification. The authorities competent considered the case of the petitioner has found that no prior permission was obtained by the petitioner for possessing the additional educational qualification. Only in the event of completing the additional qualification with the approval of the competent authorities, the incentive increment will be granted as per the Government Orders in force. In the present case, the petitioner has not obtained prior permission for acquiring the qualification through Distance Education. This being the factum established, there is no infirmity as such in respect of the order impugned passed and the petitioner only in the event of getting proper approval from the department entitled to avail the benefit of the incentive increment. Thus, the writ petition is devoid of merits and stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Joint Director, Higher Secondary Education, Directorate of School Education, Chennai-6.

2.The Chief Educational Officer, Trichy-620 008, Trichy District.

3.The District Educational Officer, Musiri-621 211, Trichy District.

+1 CC to M/s.SPL GP ( SR-24923[F] dated 10/12/2020 ) W.P.(MD).No.18230 of 2014 08.12.2020 KUN(CO) KB(21.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2