Madras High Court
S.Joseph vs )The District Educational Officer on 21 August, 2015
Author: T.Raja
Bench: T.Raja
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.08.2015
CORAM
THE HON'BLE MR.JUSTICE T.RAJA
Writ Petition(MD)No.14651 of 2015
S.Joseph ... Petitioner
Vs.
1)The District Educational Officer,
Melur,
Madurai District.
2)The Head Master,
Government Boys Higher Secondary School,
Y.Othakadai,
Madurai District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India for
the issuance of a Writ of Certiorarified Mandamus, calling for the records
pertaining to the order passed by the 2nd respondent in his proceedings in
A.Thi.Mu.No.87/A1/2015 dated 29.06.2015 and quash the same and direct the
respondents to sanction one set of incentive increment for M.Ed qualification
to the petitioner and confer all the consequential benefits.
!For Petitioner : Mr.V.Panneer Selvam for
M/s.C.S.Associates
^For Respondents : Mr.T.R.Janarthanam, AGP
:ORDER
Pursuant to the order dated 14.08.2015, the 2nd respondent/ Head Master, Government Boys Higher Secondary School, Y.Othakadai, Madurai District is present today.
2.This Court has already passed an order holding that the petitioner who is enjoying with two incentive increments for having acquired B.Ed and M.A. qualification, is entitled to third incentive increment for M.Ed qualification. As repeatedly in umpteen number of judgments, this Court directed the education department to grant third incentive increment for acquiring either M.Phil or M.Ed., qualification, the respondents ought not to have refused the request of the petitioner for grant of third incentive increment.
3.Although Mr.T.R.Janarthanam, learned Additional Government Pleader appearing for the respondents made submissions justifying the impugned order refusing to grant third incentive increment to the petitioner, having regard to the Division Bench judgment of this Court in Director of School Education, Chennai and another vs. N.Balasoundari and another (W.A(MD)No.867 of 2014 dated 18.09.2014), this Court is of the view that the petitioner is entitled to third incentive increment for having acquired M.Ed qualification, hence, the impugned order dated 29.06.2015 is set aside and the writ petition is allowed, directing the respondents to grant third incentive increment to the petitioner for M.Ed qualification, within a period of three weeks from the date of receipt of a copy of this order. No costs.
4.Although the Government have issued G.O.Ms.No.1023, Education, Science and Technology dated 09.12.1993 according third incentive increment for M.Phil., or M.Ed., qualification and subsequently, the Division Bench also in the above mentioned judgment held that a teacher who acquired M.Phil., or M.Ed., qualification is entitled to third incentive increment, being unaware of the same, the 2nd respondent has rejected the request of the petitioner for grant of third incentive increment thereby wasted the precious time of this Court, hence, this Court imposes a cost of Rs.1,000/- payable by the 2nd respondent/ Head Master, Government Boys Higher Secondary School, Y.Othakadai, Madurai District to the Mediation and Conciliation Centre attached to this Court within a period of one week from the date of receipt of a copy of this order.
Post on 31.08.2015 for reporting compliance of the order relating to payment of cost by the 2nd respondent.
To
1)The District Educational Officer, Melur, Madurai District.
2)The Head Master,
Government Boys Higher Secondary School,
Y.Othakadai,
Madurai District. .