The Director Of Elementary Educaton v. A.Mary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.10.2025

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Rev.APLC(MD) No. 178 of 2025 and C.M.P.(MD)No.13205 of 2025

1. The Director of Elementary Education, College Road, Chennai - 600 006.

2. The District Elementary Educational Officer, Sivagangai, Sivagangai District, Now Assigned as The District Educational Officer, Devakottai, Sivagangai District.

3. The Assistant Elementary Education Officer, Devakottai 6303002, Sivagangai District, Now Assigned as The Block Educational Officer, Devakottai, Sivagangai District.

...Review Applicants (Cause Title is Accepted Vide Court Order Dated 04-08-2022 made in C.M.P. (MD).No.11260 of 2021 in Rev.Aplc(MD)SR.No.63523 of 2021. .Vs.

1. A.Mary 1/5

2. The Correspondent, St. Joseph Middle School, Sarugani, Devakottai (Taluk), Sivagangai District.

... Respondents Prayer:-This Review Application is filed under Order 47 Rules 1 and 2 read with Section 114 of CPC to review the order dated 05.03.2018 passed in WA(MD)No.874 of 2016.

For petitioner : Mr.P.Thiraviyam, Government Advocate For Respondents : Mr.H.Mohammed Imran for M/s.Ajmal Associates for R1 No Appearance for R2

O R D E R

(Order of the court was made by R.VIJAYAKUMAR. J.) The appellants in W.A(MD)No.874 of 2016 have filed this review application seeking to review the order passed by this Court on 05.03.2018.

2. The writ petitioner/R1, herein who is having B.A.(Tamil), B.Ed., qualification, was appointed as Secondary Grade Teacher. Later, after acquiring M.A., M.Ed., degree, she made a request for granting incentive increment. The 2/5

said request was rejected, primarily, on the ground that in the appointment order, there is a condition that she should not seek incentive increment for acquiring higher qualification. This order was put to challenge in W.P(MD)No. 6043 of 2010. The said writ petition came to be allowed by this Court on 23.04.2012.

3. The State filed W.A(MD)No.874 of 2016 and the writ appeal came to be dismissed on 05.03.2018. Challenging the said order, the present review application has been filed.

4. According to the learned Government Advocate, the writ petitioner, who had acquired the qualification of B.A.(Tamil), B.Ed., at the time of appointment as Secondary Grade Teacher, was appointed with a specific condition that she should not seek incentive increment. In such circumstances, the order of the co-ordinate bench requires re-consideration.

5. We are not in agreement with the said contention. The said condition was imposed in the appointment order only to see that having appointed in the post of Secondary Grade Teacher, the writ petitioner cannot seek incentive increment for having acquired B.Ed., degree. However, the writ 3/5

petitioner had acquired M.A degree and therefore, this condition imposed in the appointment order cannot be cited as a legal bar.

6. In view of the reasons, we do not find any reason to review the order passed in WA(MD)No.874 of 2016 dated 05.03.2018. Hence, this review application is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(C.V.K., J.) (R.V., J.) 24.10.2025 Index : Yes/No Internet: Yes/No NCC : Yes/No vsm 4/5

C.V.KARTHIKEYAN,J.

and R.VIJAYAKUMAR,J.

vsm Rev.APLC(MD) No. 178 of 2025 24.10.2025 5/5