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Madras High CourtWP(MD)/3094/2014disposed of

M.R.Ravichandran, v. The Sate Of Tamil Nadu

2020-10-06Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2020

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)No.3094 of 2014 and M.P(MD).No.2 of 2014 1.M.R.Ravichandran 2.M.Maheswaran 3.Sam.J.Christenson 4.M.Anitha Banu 5.S.Muthupandiammal ... Petitioners Vs 1.The State of Tamil Nadu, Rep by its Principal Secretary, School Education Department, Fort St.George, 2.The Director of School Education, O/o.The Director of School Education DPI Campus, Chennai-6.

3.The Joint Director of School Education (Vocational) O/o.The Joint Director, DPI Campus, Chennai-6.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Government Order in G.O.Ms.No.240, dated 18.08.2010 School Education (V.E) Department, on the file of the Respondent No.1 and quash the same as illegal to the extent that the Agricultural Instructors should have completed Post Graduation Degree before the date of their regularization in the services and consequently, for a direction, directing the respondents to provide two incentive increments to the petitioners on the date of acquiring higher qualification within the time period stipulated by this Court. For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

The relief sought for in the present wit petition is to grant two incentive increments to the petitioner for acquiring higher qualification.

2.As far as the grant of incentive increments are concerned, it is regulated by the Government by passing various orders. A teacher is entitled to get two incentive increments in his/her entire service. Further, the incentive increments are to be granted in https://hcservices.ecourts.gov.in/hcservices/

accordance with the terms and conditions stipulated in the Government Orders. The teacher on acquiring additional qualifications shall make an application for grant of incentive increment and the competent authorities are bound to consider the same strictly in accordance with the Government orders in force. 3.In the present case, the grievance of the writ petitioners are that the incentive increments are not granted for acquiring higher qualifications. In this regard, the writ petitioners are at liberty to approach the appellate authorities/ respondents and the respondents are directed to consider the case of the writ petitioners strictly in accordance with the scheme formulated by the Government for grant of two incentive increments for acquiring the additional educational qualification.

4.With these observations, this Writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/ Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns To 1.The Principal Secretary, School Education Department, Fort St.George,Chennai.

2.The Director of School Education, O/o.The Director of School Education DPI Campus, Chennai-6.

3.The Joint Director of School Education (Vocational) O/o.The Joint Director, DPI Campus, Chennai-6.

+1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-19285[F] dated 07/10/2020 ) +1 CC to M/s.GP ( SR-19423[F] dated 08/10/2020) W.P(MD)No.3094 of 2014 and M.P(MD).No.2 of 2014 06.10.2020 KMV(CO) KK(14.10.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/