K. Suguna Kumari v. The Director Of School Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P(MD) No.22650 of 2019 1.K.Suguna Kumari 2.S.P.Mary Prema Ranjani ... Petitioners Vs.
1. The Director of School Education, Directorate of School Education, College Road, Chennai - 600 006.
2. The Chief Educational Officer, O/o. The Chief Educational Officer, Sivagangai, Sivagangai District.
3. The District Educational Officer, O/o. The District Educational Officer, Devakottai Educational District, Devakottai, Sivagangai District.
4. The Secretary, Sri Meenakshi Girls Higher Secondary School, Karaikudi - 630 001, Sivagangai District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to Call for the records pertaining to the impugned orders in O.Mu.No.7603/A1/2018, dated 01.11.2018 and the subsequent impugned order in O.Mu.No.3205/A1/2019, dated 30.09.2019, on the file of the respondent No.3 and quash the same as illegal and consequently to direct the respondent No.3 to approve the qualification of degree of Master of Philosophy obtained by the Petitioners and to enter such qualification of the Petitioners in the year service register within the time stipulated by this Court may deem fit and proper in the circumstances of the case and thus render justice. 1/4
For Petitioners : Mr.S.Louis For Respondents : Mr.N.Shanmugaselvam for R1 to R3 Additional Government Pleader
O R D E R
The petitioners herein, have possessed higher education during their service under the fourth respondent herein and they aspired to avail incentive increments for their higher education, in terms of the Regulations governing them. When the fourth respondent had sought for the approval for registration of the petitioners' higher qualification for the purpose of granting incentive increments, the same came to be rejected by the third respondent herein, stating that, the petitioners had not obtained prior permission of the Authorities, for undergoing higher education.
2. The petitioners herein intend to avail incentive increments for having possessed higher educational qualification and the purpose for which the ratification of his higher degree was sought for was to make the petitioner eligible for availing the said increment.
3. This Court, in various writ petitions have held that claims for conferment of incentive increment for acquiring higher educational qualifications cannot be denied on the ground that such higher qualifications were acquired without prior permission. One such order of this Court passed in the case of J.Tamilrajan vs. Department of School Education and others passed in W.P.(MD) No.4019 of 2018, reads thus:- "3.In W.P(MD).No.1049 of 2012, a learned single Judge of this Court has considered the similar question and has rejected the claim of the department that if the higher education is pursued without consent of the permission of the department, the teacher was not entitled to the incentive increments for obtaining such higher qualification. Following the said Judgment, another learned single Judge of this Court in W.P.No.18086 of 2017 has held that want of permission cannot stand in the way of the petitioner being favoured with the incentive increments for having obtained higher qualifications. While doing so, paragraph 7 of the order, this Court has observed as follows:
" 7.This Court in the unreported decision made in W.P(MD).No. 21895 of 2015 dated 08.12.2015, while considering the claims for conferment of incentive increment for acquiring qualification and the contention that they were acquired without prior permission, held that conferment of incentive increment cannot be denied on that score. Acquiring higher education by the teacher is only for the 2/4
benefit of students. In that view of the matter, the first ground of opposition stands rejected"
4. In view of the above, the sole ground on which the authorities rejected the claim of the petitioner towards incentive increments fails and the writ petition is liable to succeed. The impugned order of rejection is therefore, quashed. The respondents are directed to sanction the incentive increments to the petitioner for obtaining the higher qualifications namely M.A.History and B.Ed Degree from the date of acquisition of the respective qualifications. The said exercise shall be completed within 8 weeks from the date of receipt of a copy of this order."
4. By applying the ratio held in the aforesaid decision as well as various other decisions, on the same line, it can be said that the petitioners herein would be entitled for incentive increments for having possessed higher educational qualification, even though they had not obtained prior permission of the Authorities for having undergone the course for such higher education.
5. In the light of the above observations, the fourth respondent Management is granted liberty to make an appropriate proposal to the third respondent herein, recommending the candidature of the petitioners herein for grant of incentive increment for having possessed his higher educational degree. On receipt of such a proposal, the third respondent herein, shall positively consider the same, if not otherwise disqualify, in the line of the observations made by this Court and extend the benefit of incentive increments, atleast within a period of twelve (12) weeks from the date of receipt of the proposal.
6. Accordingly, the Writ Petition stands allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS-) 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 Director of School Education, Directorate of School Education, College Road, Chennai - 600 006.
2. The Chief Educational Officer, O/o. The Chief Educational Officer, Sivagangai, Sivagangai District.
3. The District Educational Officer, O/o. The District Educational Officer, Devakottai Educational District, Devakottai, Sivagangai District.
+1 CC to M/s.S.LOUIS, Advocate ( SR-12622[F] dated 19/03/2021 ) TM TE : 31/03/2021 : 4P/5C W.P.(MD) No.26225 of 2019 and W.M.P(MD) No.22650 of 2019 17.03.2021 4/4