Arathichandran .R.L v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDH R.L.Arathichandran ... Petitioner Vs.

1.The Government of Tamil Nadu Rep. by its Secretary, Educational Department, Secretariat, Chennai - 600 009.

2.The Joint Director of School Education, College Road, Chennai.

3.Direct Educational Officer, Cheranmaha Devi, Tirunelveli District.

4.The Supervisor, Vattara Vala Maiyam (SSA), Ambasamuthiram, Thirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the records on the file of the third respondent pertaining to its order bearing e.f.vz;. 0048/M1/2021 dated 15.02.2021, quashing the same, and consequently directing the respondents to evaluate the petitioner's M.Ed. Degree Page No. 1 of 5

Certificate and consequently grant the incentives and all other attendant and monetary benefits to the petitioner within the stipulated period that may be fixed by this Court.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.P.T.Thiraviam Government Advocate

O R D E R

This Writ Petition has been filed seeking the issuance of a Writ of Certiorarified Mandamus, calling for the records on the file of the third respondent pertaining to its order bearing e.f.vz;.0048/M1/2021 dated 15.02.2021, quashing the same, and consequently directing the respondents to evaluate the petitioner's M.Ed. Degree Certificate and grant the incentives and all other attendant and monetary benefits to the petitioner within the stipulated period that may be fixed by this Court.

2. The petitioner was appointed as a teacher in 2008 through the Teachers Recruitment Board. While in service, she obtained M.Ed. degree from IGNOU in 2014 through distance education. According to the petitioner, this degree was obtained after receiving due permission from the Department. However, the M.Ed. degree obtained by the petitioner was not considered for the incentive increment. Consequently, the Page No. 2 of 5

petitioner submitted a representation, which was rejected on the grounds that the M.Ed. degree from IGNOU is not equivalent to the M.Ed. degree offered by the Universities of Tamil Nadu. Against this rejection order, the petitioner has filed this Writ Petition.

3. The learned counsel for the petitioner, by relying on the judgment of this Court dated 22.09.2020 in the case of M.Parimala v. The State of Tamil Nadu, represented by its Secretary to Government, School Education Department and others, in W.P.(MD) No.11684 of 2020, submits that this Court had considered a similar request from a person who had obtained an M.Ed. degree from IGNOU and directed the Department to reconsider that petitioner's case for the advance incentive increment.

4. Considering the above developments, this Court sets aside the impugned order and permits the petitioner to submit a fresh representation, along with the copy of the judgment in W.P.(MD) No. 11684 of 2020, within a period of four weeks from the date of receipt of a copy of this order. The respondents shall take a decision on her claim within 12 weeks from the date of receipt of a copy of this order. Page No. 3 of 5

5. With the above observations, this Writ Petition stands disposed of. No costs.

23.01.2025 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Copy To:

1.The Secretary, Educational Department, The Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2.The Joint Director of School Education, College Road, Chennai.

3.Direct Educational Officer, Cheranmaha Devi, Tirunelveli District.

4.The Supervisor, Vattara Vala Maiyam (SSA), Ambasamuthiram, Thirunelveli District.

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B.PUGALENDH , J.

JEN 23.01.2025 Page No. 5 of 5