Madras High Court
P.Ramaraj vs / on 10 November, 2021
Author: Anita Sumanth
Bench: Anita Sumanth
W.P.(MD)No.354 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.11.2021
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No.354 of 2018
and
W.M.P.(MD)No.370 & 371 of 2018
P.Ramaraj ...Petitioner
/Vs./
1.The State of Tamil Nadu,
Represented 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,
Virudhunagar, Virudhunagar District. ...Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Certiorarified Mandamus, to
call for the records relating to the impugned proceedings issued by the 3rd
respondent in O.Mu.No.4730/A2/2017 dated 30.06.2017 and to quash
the same and consequently direct the respondents to restore the incentive
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.354 of 2018
increment in favour of the petitioner for acquiring M.Phil degree and to
grant Special Grade in the post of Physical Education Teacher with effect
from 01.04.2017 with all consequential and other attendant benefits
including arrears of salary along with interest @ 12% per annum for the
belated payment at the instance of respondents, within the time frame to
be fixed by this Court.
For Petitioner : Mr.G.Sankaran
For Respondents : Mr.K.S.Selvaganesan
Standing Counsel for State
ORDER
The petitioner has completed his undergraduation, and thereafter two years Post Graduate degree, that is, Masters in Physical Education and Sports (MPES), from the Annamalai University in the year 1990. He thereafter registered with the Employment Exchange aspiring to the post of Physical Education Teacher (PET).
2.He was selected for and appointed to the post of PET in the Government High School, Kallamanaickerpatty, Virudhunagar District, on 20.11.1996, joining the post on 02.04.1997. Upon completion of 2/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.354 of 2018 probation of two years, his services were regularized from the date of initial appointment. Upon completion of 10 years service, he was granted Selection Grade pay with effect from 02.04.2007.
3.While in service, the petitioner acquired an M.Phil degree in March, 2008, entitling him, he would state, to an incentive increment.
The respondents have also granted such incentive from 2008 onwards.
4.Upon completion of 20 years of service, a proposal was forwarded to the Chief Educational Officer/R3 for sanction of Special Grade pay. At that juncture, R3 appears to have noticed that the order of appointment of the petitioner dated 20.11.1996, was categoric to the effect that the petitioner was not entitled for incentive increment in light of the exclusions set out in terms of the Tamil Nadu School Education Subordinate Service Rules (in short 'Rules'). Thus, the impugned order has come to be passed by R3 on 30.06.2017 proposing to recover the incentive increment granted to the petitioner since 2008, triggering the filing of the present writ petition.
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5.The petitioner would raise as a preliminary contention, the ground that the impugned order is in violation of the principles of natural justice. However, insofar as the issue on merits falls within a short compass and both learned counsel have advanced detailed submissions on merits, I proceed to dispose the writ petition on merits, rather than remit the matter for reconsideration.
6.Order of appointment dated 20.11.1996 states 'cah;fy;tpj;
jFjpf;fhd Cf;f Cjpa cah;t[ tHq;fg;glkhl;lhJ.' This echoes the relevant portion of the Rules, as per which, persons appointed as PET with the qualifications set out in Clauses (iii) to (vii), would not be eligible for incentive increment. Admittedly, the petitioner stands covered by clause (v), insofar as he has obtained an MPES degree from Annamalai University directly, without having obtained an undergraduate degree.
7.The Rule reads thus:
4/10https://www.mhc.tn.gov.in/judis W.P.(MD)No.354 of 2018 Name of Method of Qualifications: (3) the Appointment category (2) (1) (i) (a)Pass in Pre-University; or Higher Secondary;
Direct or Teachers School Leaving Certificate recruitment
(b)Government Teachers' Certificate of Higher Physical promotion Grade Physical Education or Educatio transfer and n recruitment by (ii) (a)Pass in Secondary School leaving Certificate Teachers transfer (SSLC) and
(b)Government Teachers' Certificate of Lower Grade in Physical Education” “or (iii) A Bachelor Degree in Physical Education (B.P.Ed.,)”
(iv) “or (iv) A Bachelor Degree in Physical Education and Sports (B.P.E.S.) offered by the YMCA College of Physical Education, Chennai or a qualification equivalent thereto”
(v) “or (v) A Master degree in Physical Education and sports offered by Annamalai University (directly acquired M.P.E.S. Without the degree of B.P.E.S.)
(vi) “or (vi) A Bachelor degree in Mobility Science for the disabled (B.M.S.) offered by the YMCA College of Physical Education, Chennai and other similar colleges teaching Physical Education.
“or (vii) A Master degree in Physical Education (M.P.Ed.) Whether acquired through regular course or directly acquired without requiring a Bachelor's degree in physical Education (B.P.Ed) Explanation: 'The persons appointed as Physical Education Teachers with qualifications mentioned in item (iii) to (vii) above are not eligible for incentive increments for such qualifications” 5/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.354 of 2018
8.His argument is that, having obtained M.Phil degree in 2008, which is a qualification superior to MEPS degree, he is entitled to incentive increment and that the liability imposed by the Explanation supra would not be applicable in such a case.
9.In this connection, it may be relevant to advert to Government Order in G.O.Ms.No.324, issued by the Education, Science and Technology Department (E2) dated 25.04.1995, that deals with the subject of grant of incentive increments to Teachers for acquiring higher qualification for certain specified subjects. Clause (5) of the G.O., reads thus:
“5.The Government according direct that
i)the conditions (i) to (iii) in para 3 of G.O.Ms.No.624, Education, dated 13.07.1992 be deleted.
(ii)For the sanction of incentive increments the subjets in the Higher Secondary Syllabus shall be the relevant subjects.
(iii)In respect of the teachers in Physical Education, they are eligible for the incentive to higher qualification only in physical Education.
(iv)These orders will take retrospective effect from 17.09.1986 to cover past cases.
(v)The teachers who have acquired higher qualification in subjects other than higher Secondary Syllabus shall not be eligible for any incentive increment.” 6/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.354 of 2018
10.Clause 5 (iii) states that teachers in the sphere of Physical Education shall be eligible for incentive if the higher qualification obtained relates to the subject of Physical Education. Thus, the question boils down to whether the M.Phil obtained by the petitioner relates to the arena of Physical Education or not.
11.Counter filed by R3 does not dispute the position that the M.Phil indeed relates to the subject of Physical Education and concurs with the averments in para 5 of the petitioner's affidavit filed in support of this writ petition, wherein the petitioner confirms this position. The argument of R3 to the effect that M.Phil is not notified as a higher qualification for PET is thus rejected. The question of notification is not germane as there is no dispute on the position that an M.Phil is superior to a Masters Degree.
12.Learned state counsel would the argue that the proposal sent for increment relates to the period from March 2008 onwards. Since the M.Phil has been obtained in March 2008, the grant of incentive has also 7/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.354 of 2018 been only thereafter. The original grant has thus taken a conscious and correct view of the matter.
13.Thus, in view of the admitted position that the petitioner has acquired M.Phil in Physical Education in 2008, I hold that he is entitled to special incentive from 2008 onwards. This Writ Petition is allowed and the impugned proceedings dated 30.06.2017 are set aside. No costs.
Consequently, connected Miscellaneous Petitions are closed.
10.11.2021 Internet : Yes Index :Yes/No sm 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.
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1.The 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, Virudhunagar, Virudhunagar District.
9/10https://www.mhc.tn.gov.in/judis W.P.(MD)No.354 of 2018 DR.ANITA SUMANTH, J.
sm Order made in W.P.(MD)No.354 of 2018 Dated:
10.11.2021 10/10 https://www.mhc.tn.gov.in/judis