M.Balasubramanian v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI 1.M.Balasubramanian 2.K.Mathurapuri 3.V.Gopalsamy 4.M.Mohan 5.K.Chitra 6.K.R.Punitha 7.Abdul Azees 8.P.Vijayendran 9.Jayaprakash 10.S.Amutha 11.R.Punitha 12.R.Subha 13.M.Sundari 14.S.Sankar 15.T.Kamaraj 1/6
16.A.Tharmar ... Petitioners Vs.
1.The Secretary to Government of Tamil Nadu, Department of School Education, Fort.St.George, Chennai - 600009.
2.The Director of Public Libraries, Government of Tamil Nadu, Office of the Director of the Public Libraries, Anna Salai, Chennai - 600 002.
3.The District Library Officer, Trichy District, Trichy.
4.The District Library Officer, Thanjavur District, Thanjavur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to grant one more increment on account of acquiring of Master Decree in Library Science by considering the Petitioners' representations, dated 19.01.2018, 19.01.2018, 22.01.2018, 22.01.2018, 22.01.2018, 23.01.2018, 24.01.2018, 24.01.2018, 24.01.2018, 22.06.2018, 24.06.2018, 24.06.2018, 27.06.2018, 24.06.2018, and 01.08.2018 from the date of grant of the first increment with arrears and other benefits.
For Petitioners : Mr.M.Kannan For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader 2/6
O R D E R
The writ petition has been filed for a direction to the respondents to grant one more increment on account of acquiring of master degree in library science by considering the petitioners' representations from the date of grant of the first increment with arrears and other benefits.
2. The petitioners are Librarians and they have obtained master degree in library science and also applied for incentive increments. The petitioners were provided with only one increment. However, the petitioners with a grievance that they were not provided with the second increment made representations to the respondents and approached this court seeking mandamus directing the respondents to provide second increment for their master degree.
3. The learned counsel for the petitioners relying on the information, which was provided under the Right to Information Act by the Secretary, School Education Department, dated 10.11.2017, claims that one incentive increment means two increments.
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4. The learned Additional Government Pleader appearing for the respondents by referring the counter affidavit submits that the government have already clarified this issue vide letter in RC No.19229/PL1/2013 dated 16.08.2018, that an incentive increment for the library science is only one increment and not two increments. He has also produced the government letter dated 16.08.2018 and submits that the similar request made from the Director of Libraries was rejected by the government that there is no possibility for providing two increments for higher qualification if any acquired by the Librarians.
6.This Court considered the rival submissions made. 7.The petitioners have made a claim for two increments for having possessed higher qualification. Admittedly the petitioners were provided with an incentive increment. The grievance of the petitioners is that they were provided with only one increment and not two increments. 8.The government in the reply to the petitioners under the Right to Information Act, have clarified that an incentive increment means two increments. Therefore, the petitioners have made a claim based on the 4/6
information provided under the Right to Information Act. However, the government letter dated 16.08.2018 is contrary to the same. Therefore, this Court is not inclined to entertain this writ petition based on the information which has been provided under the RTI Act. In the absence of any specific provision that the petitioners are entitled for two increments for having possessed the higher qualification, this Court is not inclined to issue any mandamus as sought for. Accordingly this writ petition is dismissed. No costs. 08.01.2025 NCC:yes/no Index:yes/no Internet:yes/no SN / DSK To:
1.The Secretary to Government of Tamil Nadu, Department of School Education, Fort.St.George, Chennai - 600009.
2.The Director of Public Libraries, Government of Tamil Nadu, Office of the Director of the Public Libraries, Anna Salai, Chennai - 600 002.
3.The District Library Officer, Trichy District, Trichy.
4.The District Library Officer, Thanjavur District, Thanjavur.
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B.PUGALENDHI , J.
DSK/SN 08.01.2025 6/6