Madras High Court
S.Sathik Ali vs The State Of Tamil Nadu on 12 December, 2024
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.No.14463 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2024
CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
Writ Petition No.14463 of 2020
S.Sathik Ali ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Director of School Education,
DPI Campus, college Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Thanjavur District, Thanjavur.
4.The District Educational Officer,
Kumbakonam Educational District,
Thanjavur District.
5.The Correspondent,
The Crescent Higher Secondary School,
Avaniyapuram, Aduthurai,
Thanjavur District. … Respondents
Page No.1 of 11
https://www.mhc.tn.gov.in/judis
W.P.No.14463 of 2020
Writ Petition filed under Article 226 of Constitution of India, praying
for issuance of Writ of Declaration to declare that the petitioner is entitled for
second set of incentive increment for having acquired Ph.D., in Tamil after
the grant of first set of incentive increment for M.Phil., degree as per
G.O.Ms.No.1024 Education, Science and Technology Department dated
09.12.1993 and G.O.Ms.No.1170 Education, Science and Technology
Department dated 20.12.1993 as amended in G.O.Ms.No.194 School
Education Department dated 10.10.2006 and consequently direct the
respondents 1 to 4 to sanction incentive increment to the petitioner for Ph.D.,
in Tamil from 16.04.2016 based on the proposal forwarded by the fifth
respondent to the fourth respondent, with all consequential and other
attendant benefits.
For Petitioner : Mr.S.Nedunchezhiyan
For Respondents 1 to 4 : Mr.T.M.Rajangam,
Government Advocate
For Respondent 5 : No appearance
ORDER
The petitioner has filed this writ petition to declare that the petitioner is entitled for second set of incentive increment for having acquired Ph.D., in Tamil after the grant of first set of incentive increment for M.Phil., degree as Page No.2 of 11 https://www.mhc.tn.gov.in/judis W.P.No.14463 of 2020 per G.O.Ms.No.1024 Education, Science and Technology Department dated 09.12.1993 and G.O.Ms.No.1170 Education, Science and Technology Department dated 20.12.1993 as amended in G.O.Ms.No.194 School Education Department dated 10.10.2006 and consequently direct the respondents 1 to 4 to sanction incentive increment to the petitioner for Ph.D., in Tamil from 16.04.2016 based on the proposal forwarded by the fifth respondent to the fourth respondent, with all consequential and other attendant benefits.
2. The case of the petitioner is that the petitioner was appointed as P.G.Assistant (Tamil) in the fifth respondent school on 02.06.2014 based on his educational qualification viz., M.A., (Tamil and B.Ed., Subsequently, the petitioner acquired M.Phil., in the year 2011 and Ph.D., in the year 2016 from the Bharathidasan University. Further, he has cleared SLET in the year 2016 conducted by Annai Thereasa University.
2.1. The Government issued orders in G.O.Ms.No.42 Education Department dated 10.01.1969 for granting incentive increment for the Page No.3 of 11 https://www.mhc.tn.gov.in/judis W.P.No.14463 of 2020 teachers acquiring higher qualification. Consequently, after the introduction of Higher Secondary sections from the year 1978, the Government issued orders in G.O.Ms. No.74 dated 18.08.1986 to grant incentive increment for P.G Teachers and Headmasters of Higher Secondary Schools for acquiring the higher qualification of M.Ed., degree.
2.2. In this regard, the Government issued orders in G.O.Ms.No.1023 dated 09.12.1993 for restricting incentive increment for a teacher by stating that the maximum number of advance increments which a teacher can obtain shall be four (two incentive increments) in his/her entire service. Consequently, the Government issued orders in G.O.Ms.No.1024 dated 09.12.1993 amending G.O.Ms.No.42 dated 10.01.1969 by making it clear that a teacher shall be entitled for two sets of incentive increment (4 advance increments) for acquiring higher qualification in his/her entire service.
2.3. In the said circumstances, having regard to the fact that the P.G.Assistant teachers and Higher Secondary School Headmasters are made eligible for one set of incentive increment for acquiring M.Ed., degree alone, Page No.4 of 11 https://www.mhc.tn.gov.in/judis W.P.No.14463 of 2020 it was represented to grant incentive increment for having acquired M.Phil./Ph.D/ P.G.D.T.E. Accordingly, the Government issued orders in GO.Ms.No.1170 dated 20.12.1993 to grant incentive increment for P.G. Assistant teachers and Higher Secondary School Headmasters, the second set of incentive increment for having acquired M.Phil./Ph.D/P.G.D.T.E. 2.4. The Petitioner has studied M.Phil., degree in the year 2009 itself. Therefore, he is entitled for incentive increment for having acquired M.Phil., degree which will be the first incentive increment in their service career. Accordingly, the petitioner was granted with one set of increment (two advance increments) for acquiring the higher qualification of M.Phil., from the date of his appointment.
2.5. The M.Ed., degree course is discontinued through distance education and hence it has to be studied only as a regular course and therefore the teachers in service are deprived of an opportunity to acquire M.Ed degree qualification. In the said circumstances, when the B.T. Assistant teachers lost an opportunity of studying M.Ed degree to acquire second set of Page No.5 of 11 https://www.mhc.tn.gov.in/judis W.P.No.14463 of 2020 incentive increment, the Government issued orders in G.O.(1D) No.18 School Education Department, dated 18.01.2013 including M.Phil and Ph.D along with M.Ed. so that B.T. Assistant teachers acquiring M.Phil and Ph.D., made eligible for second set of incentive increment. Accordingly, the object of availing two sets of incentive increment for a teacher as stated in G.O.Ms.No.1024, Education, Science and Technology Department dated 09.12.1993 is satisfied. Similarly, PG Assistant teachers in the absence of M.Ed degree, are made eligible for two sets of incentive increments on acquiring M.Phil and Ph.D., when the said degrees have already been included as eligible degree for sanctioning of incentive increment as per G.O.Ms.No.1170 dated 20.12.1993 and G.O.Ms.No.194 School Education Department dated 10.10.2006.
3. Learned counsel for the petitioner submitted that the petitioner was qualified with Ph.D, in the year 2016 and the fifth respondent school has forwarded the proposal to the fourth respondent on 01.06.2020 for sanctioning of incentive increment (two sets of incentive increment) as per G.O.Ms.No.1170 dated 20.12.1993 and G.O.Ms.No.1024 dated 09.12.1993 Page No.6 of 11 https://www.mhc.tn.gov.in/judis W.P.No.14463 of 2020 and further stated that the petitioner has suffered 80% of disability. Whereas, the fourth respondent vide proceedings O.Mu.No.1977/A4/2020, dated 21.09.2020, rejecting the claim for iincentive increment for Ph.D. on the premises that the petitioner was already granted incentive increment for M.Phil. Degree as per G.O.Ms.No.1170 dated 20.12.1993 and that he is entitled for incentive increment either for M.Phil. Degree or for Ph.D. Degree and thereby he is not eligible for the second incentive increment for Ph.D. Hence, the present Writ Petition has been filed.
4. Learned counsel further submitted that the petitioner is willing to give a representation to the respondents for second incentive increment, which may be considered by the respondents on merits and in accordance with law.
5. A counter affidavit was filed on behalf of the fourth respondent during November 2020.
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6. Heard the learned counsel on either side and perused the materials available on record.
7. In view of the above submission made by the learned counsel for the petitioner, this Court is inclined to pass the following directions:
a) The petitioner is directed to give a representation to the respondents to sanction the second set of incentive increment to the petitioner from the date of acquisition of higher qualification of Ph.D. Degree within a period of two weeks from the date of receipt of a copy of this order.
b) On receipt of the same, the respondents are directed to consider the petitioner's representation and pass appropriate orders on merits and in accordance with law by taking into consideration G.O.(1D)No.18, School Education (E2) Department dated 18.01.2013 within a period of six weeks thereof.
8. In the result, the writ petition stands disposed of with the above observations and directions. No costs.
Page No.8 of 11 https://www.mhc.tn.gov.in/judis W.P.No.14463 of 2020 12.12.2024 (vm) Index : Yes/No Speaking Order : Yes/No To: 1.The Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Page No.9 of 11 https://www.mhc.tn.gov.in/judis W.P.No.14463 of 2020 Chennai – 600 009. 2.The Director of School Education, DPI Campus, college Road, Chennai – 600 006. 3.The Chief Educational Officer, Thanjavur District, Thanjavur. 4.The District Educational Officer, Kumbakonam Educational District, Thanjavur District. 5.The Correspondent, The Crescent Higher Secondary School, Avaniyapuram, Aduthurai, Thanjavur District. J.SATHYA NARAYANA PRASAD,J. Page No.10 of 11 https://www.mhc.tn.gov.in/judis W.P.No.14463 of 2020 vm W.P.No.14463 of 2020 12.12.2024 Page No.11 of 11 https://www.mhc.tn.gov.in/judis