R.Arulraj, v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2022

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH and WMP (MD) No. 22663 of 2018 R. Arulraj

...Petitioner

Vs

1. The State of Tamilnadu Represented by its Secretary, Department of School Education, Fort. St. George, Chennai - 600 009.

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

3. The District Educational Officer, Tuticorin, Tuticorin District.

4. The Block Educational Officer - I, Alwarthirunagari Union @ Thenthiruperai Tuticorin District.

5. The Correspondent, TNDTA Middle School, Themankulam, Tiruchendur Taluk, Tuticorin District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of certiorarified mandamus calling for the records relating to the impugned proceedings issued by the 4th respondent herein vide O.Mu.No. 1547/A2/18 dated 03.12.2018 quash the same, and further direct the respondents herein to sanction one set of incentive increments for acquiring B.Ed., degree w.e.f., 01.06.2014 to the petitioner, and pass orders. For Petitioner : Mr. A. Ajith Geethan For Respondents : Mr. D. Sadiq Raja, Additional Government Pleader, for R1 to R4 Ms. Jancy Gilda for M/s. Kingsly Solomon for R5 1/4

ORDER

Mr. D. Sadiq Raja, learned Additional Government Pleader appearing for respondents 1 to 4 and Ms. Jancy Gilda, learned counsel for M/s. Kingsly Solomon for R5, concur on the position fairly that the relief sought for by this petitioner is liable to be granted in view of decisions of this court in W.A. (MD) No. 435 of 2017, W.P. Nos.31660 to 31666 of 2017 and W.P.(MD) Nos. 16574 and 16576 of 2019.

2. The same issue has been dealt with by me as well in W.P. (MD) Nos. 31660 to 31666 of 2017, wherein I have passed the following order :

'The petitioners were appointed initially as Secondary Grade Teachers. They were promoted as Tamil Pandit on acquiring B.Lit. and thereafter as Middle School Headmasters. They were granted two incentive increments for having acquired B.Ed., degree. Since the respondents have cancelled the second incentive increment and recovery proceedings have been issued vide impugned proceedings dated 24.11.2017, the petitioners have come forward with the present writ petitions seeking quashing of the impugned communication and a mandamus directing the respondents to pay the incentive increment for acquiring B.Ed. Degree in terms of G.O.Ms.No.107, Education Department, dated 20.01.1976. The petitioner claim that they were eligible for two increments, one on acquiring B.Lit degree and second on acquiring B.Ed., degree.

2. The issue in regard to grant of second incentive increment on acquisition of additional educational qualification was considered and decided by the Division Bench of this court in the case of The Director of School Education v. V.Dhanapal (W.A.No.1664 of 2016 dated 29.06.2018).

The operative portion of the judgment is as follows:

'7. The policy decision of the Government has been consistent to the effect that the teachers who acquire higher qualifications can be granted two incentive increments equivalent to four advance increments, during the entire tenure of their service. There is no dispute regarding the fact that the respondent has been awarded two incentive increments for acquiring B.Ed.

2/4

And M.A. Qualifications. Therefore, he cannot, as a matter of right, claim the third set of incentive increments for having obtained M.Phil qualification. We are therefore, unable to sustain the order of the learned Single Judge directing payment of third incentive to the respondent'

3. Mr. P. Raja, learned Government Advocate for the respondents fairly submits that the issue is covered by the aforesaid order passed in the Writ Appeal. He further submits that the State has also accepted the order of the Division Bench and no Special Leave Petition has been filed at present.

4. In the light of the above, these Writ Petitions are allowed and the impugned communication dated 24.11.2017 is quashed. The second incentive increment shall be paid to the petitioners within a period of four (4) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed.'

3. In light of the aforesaid, the impugned order is quashed and the incentive increment as sought for by the petitioner shall be computed and paid over to him within a period of 8 weeks from the date of receipt of a copy of this order. The writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) mnr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned 3/4

To

1. The Secretary, The State of Tamilnadu Department of School Education, Fort. St. George, Chennai - 600 009.

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

3. The District Educational Officer, Tuticorin, Tuticorin District.

4. The Block Educational Officer - I, Alwarthirunagari Union @ Thenthiruperai Tuticorin District.

+1 CC to M/s.SPL.GP ( SR-773[F] dated 07/01/2022 ) +1 CC to M/s.J.KINGSLY SOLONON, Advocate ( SR-1056[F] dated 10/01/2022 ) W.P.(MD)No. 24997 of 2018 and WMP (MD) No. 22663 of 2018 06.01.2022 RD(20.01.2022) 4P 7C 4/4