Madras High Court
Government Of Tamil Nadu vs R.Subramani on 29 April, 2022
Author: T.Raja
Bench: T.Raja, K.Kalyanasundaram, M.Govindaraj
W.A.Nos.3674 of 2019 etc.,batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 06.04.2022
DATE OF DECISION : 29.04.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
AND
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
W.A.Nos.3674 of 2019, 2249 of 2013, 838, 1233, 1234, 1355, 1088, 1548,
1586, 1666, 1667, 1668, 1669, 1670, 1694, 1726 of 2014, 8, 244, 256, 767
of 2015, 1712 of 2018, 1049, 1604, 1727, 1735, 1742 of 2015, 10, 51, 92,
122, 190, 235, 555, 564, 691, 750, 831, 850, 862, 1658 of 2016, 717, 718,
791, 913, 981, 1201, 1214, 1242, 1659 of 2017, 55, 576, 577, 578, 1642,
1938, 2006, 2032, 2157, 2732 of 2018, 317, 333, 506, 818, 1066, 1206,
1355, 1760, 1783, 1810, 1829, 1856, 3667, 3772, 3956, 3972, 3982, 4015,
4089, 4104 of 2019, 135, 322, 323, 324 of 2020, 380, 381, 1648, 1802,
2131, 2789 of 2021, W.A.(MD) Nos.817, 818 of 2017, 908, 916, 1154 of
2020, W.A.No.622 of 2015, W.A.(MD) Nos.664, 34, 77, 126 of 2015,
Review Application (MD) No.162 of 2014, W.A.(MD) Nos.1074 of 2013,
1137 of 2015, 1166, 1167, 1168, 1169, 1170 of 2013, 256, 309 of 2016,
314 of 2015,
W.P.Nos.32127, 32128 of 2016, 31054, 34498, 34499 of 2014, 1464,
1465, 3034, 3035, 3036, 16000, 26973, 31454, 31954, 37263, 37264,
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40225 of 2015, 36339, 39226, 39227, 39228, 39229, 39230, 39231, 39232,
39233, 39234, 39235, 39808, 39810, 39811, 39809, 39812, 39813, 39814,
39815, 39816, 39817, 39818 of 2016, 3430, 4644, 11841, 21404, 28426
of 2017, 2401, 2678 of 2018, 21789, 21792, 21795 of 2019, 23475 of
2021, W.P.(MD) No.19425 of 2014
1 Government of Tamil Nadu
Rep by its Secretary
School Education Department
Fort St George, Secretariat
Chennai 600 009.
2 The Director of School Education
DPI Campus, College Road
Nungambakkam, Chennai 600 006.
3 The Chief Educational Officer
Salem.
4 The Headmaster
Government Higher Secondary School
Amarakundhi Omalur Taluk
Salem District .. Appellants in WA No.3674 of 2019
1 The State of Tamil Nadu
Secretary to Government
School Education Department
Secretariat, Chennai 600 009
2 Director of School Education
Chennai .. Appellants in WA No.2249 of 2013
1 Director of School Education
Chennai- 6
2 Joint Director of School Education
(Thozhil Kalvi), Chennai-6
3 District Educational Officer
Tirupur and Dist .. Appellants in WA No.838 of 2014
1 Director of School Education
Chennai-6.
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2 Chief Educational Officer
Vellore and Dist.
3 Headmaster
T.E.M. Government Girls Hr. Secondary. School
Sholingur, Vellore Dist. ..Appellants in WA Nos.1233 & 1234 of 2014
1 The Secretary to Government
School Education Department
Fort St. George, Chennai-9.
2 The Director of Elementary Education
College Road, Nungambakkam
Chennai-6.
3 The District Elementary
Educational Officer
Nagapattinam, Nagapattinam District.
4 The Additional Assistant
Elementary Educational Officer
Vedaranyam, Vedaranyam Taluk Appellants in WA No.1355 of 2014
1 The State of Tamil Nadu
Rep. by the Secretary to Government
School Education Department Fort St. George
Chennai 600 009.
2 The Director of School Education
College Road Nungambakkam
Chennai 600 006.
3 The Chief Educational Officer
Thiruvallur District Thiruvallur. Appellants in WA No.1088 of 2014
1 The Secretary to Government
School Education Department
Fort St. George, Chennai-9.
2 The Director of School Education
College Road Chennai - 6.
3 The Chief Educational Officer
Tiruvallur District Tiruvallur.
4 The Headmaster
Government Higher Secondary School
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Vidaiyur - 631 203. Tiruvallur District. Appellants in WA No.1548 of 2014
1 The Secretary to Government
School Education Department, Fort St.George
Chennai-9
2 The Director of School Education
College Road, Chennai-6
3 The Chief Educational Officer
Tiruvarur District, Tiruvarur
4 The Headmaster
The Government Girls Higher Secondary School
Koradacheri - 613 703 Tiruvarur District Appellants in WA No.1586 of 2014
1 The Secretary to Government
School Education Department Fort St. George
Chennai 9
2 The Director of School Education
College Road Chennai 6
3 The Chief Educational Officer
Tiruvallur District Tiruvallur Appellants 1 to 3 in WA 1666 to 1670 of 2014
4 The Headmaster
Government Boys Higher Secondary School
Uthukottai 602 026 Tiruvallur District 4th Appellant in WA Nos.1666, 1669, 1670 of 2014
4 The Headmaster
Government Boys Higher Secondary School
Arkadukuppam - 631 204 Tiruvallur District 4th Appellant in WA Nos.1667, 1668 of 2014
1 The Director of School Education
DPI Campus, College Road
Chennai-6
2 The Chief Educational Officer
Villupuram District Villupuram.
3 The Headmaster
Government Higher Secondary School
Edapalayam-605 402
Villupuram Taluk and District. Appellants in WA No.1694 of 2014
1 The Secretary to Government
School Education Department
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Fort St. George
Chennai 9
2 The Director of School Education
College Road Chennai-6.
3 The Chief Educational Officer
Krishnagiri Krishnagiri District
4 The Headmaster
Government Higher Secondary School
Ikundam-635 203
Krishnagiri District. Appellants in WA No.1726 of 2014
1 The Secretary to the Government
School Education Department
Fort St. George, Chennai-9
2 The Director of Elementary Education
College Road Nungambakkam
Chennai- 6
3 The District Elementary
Educational Officer Nagapattinam
Nagapattinam District Appellants in WA No.8 of 2015
1 The Secretary to Government
School Education Department
Fort St.George, Chennai-9.
2 The Director of School Education
College Road, Chennai-6.
3 The District Educational Officer
Virudhunagar District, Virudhunagar. Appellants in WA No.244 of 2015
1 Director of School Education
Chennai-6
2 District Educational Officer
Salem, Salem District Appellants in WA No.256 of 2015
1 The Director of School Education
College Road Chennai-6.
2 The Joint Director of School Education
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(Higher Secondary) College Road
Chennai-6.
3 The District Educational Officer
Virudhunagar, Virudhunagar District Appellants in WA No.767 of 2015
1 The Secretary to Government
School Education Department
Fort St. George, Chennai-9
2 The Director of School Education
College Road Chennai 6
3 The District Educational Officer
Kovilpatti, Tuticorin District. Appellants in WA No.1712 of 2018
1 The Secretary to the Government
School Education Department
Fort St. George, Chennai-9.
2 The Director of School
Education College Road Nungambakkam
Chennai-6.
3 The Chief Educational Officer
Vellore Vellore District.
4 The District Educational
Officer Vellore Vellore District. Appellants in WA No.1049 of 2015
1 The Director of School Education
DPI Campus College Road
Chennai-6
2 The Chief Educational Officer
Thiruvannamalai District, Thiruvannamalai
3 The Headmaster
Government Girls Higher Secondary School
Kalasapakkam, Thiruvannamalai District Appellants in WA No.1604 of 2015
1 The Director of School Education
DPI Campus, College Road
Nungambakkam, Chennai-6
2 The Chief Educational Officer
Kaur Dist.,Karur
3 The Headmaster
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Government Higher.Secondary School
K.Paramathi, Aravakurichi Taluk
Karur District Appellants in WA No.1727 of 2015
1 The Secretary to Government
School Education Department
Fort St. George
Chennai-9.
2 The Director of School
Education College Road Chennai-6.
3 The District Educational Officer
Dharmapuri, Dharmapuri District. Appellants in WA No.1735 of 2015
1 The Secretary to Government
School Education Department
Fort St. George
Chennai-9
2 The Director of School Education
College Road , Chennai-6
3 The Chief Educational Officer
Dharmapuri District, Dharmapuri
4 The Headmaster
Government Higher Secondary School
Anumanthapuram 636 808 Dharmapuri District Appellants in WA No.1742 of 2015
1 The Director of School Education
DPI Campus, College Road
Chennai-6
2 The Chief Educational Officer
Villupuram District, Villupuram.
3 The District Educational Officer
Villupuram District, Villupuram Appellants in WA No.10 of 2016
1 The Director of School Education
DPI Campus College Road
Chennai - 600 006
2 The Chief Educational Officer
Villupuram District, Villupuram
3 The Headmaster
Government Higher Secondary School
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Kugaiyur - 606 301
Villupuram District Appellants in WA No.51 of 2016
1 The Director of School Education
DPI Campus, College Road
Chennai-6
2 The Chief Educational Officer
Thiruvannamalai District
Thiruvannamalai.
3 The Headmaster
Government Girls Higher Secondary School
Melpallipattu, Chengam Taluk-606 703
Thiruvannamalai District. Appellants in WA No.92 of 2016
1 The Secretary to Government
School Education Department
Fort St. George, Chennai-9
2 The Director of School Education
College Road, Chennai-6.
3 The District Educational Officer
Kovilpatti, Tuticorin District. Appellants in WA No.122 of 2016
1 The Director of School Education
DPI Campus, College Road
Chennai-6
2 The Chief Educational Officer
Thiruvannamalai District, Thiruvannamalai
3 The Headmaster
Government Boys Higher Secondary School
Vandavasi-604 408
Thiruvannamalai District Appellants in WA No.190 of 2016
1 The Secretary to Government
School Education Department
Fort St.George
Chennai-9.
2 The Director of School Education
College Road, Chennai-6.
3 The District Educational Officer
Aruppukkottai.
Virudhunagar District Appellants in WA No.235 of 2016
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1 The Government of Tamil Nadu
Rep.by its Secretary
Education Department
Fort St. George, Secretariat,
Chennai 600 009.
2 The Director of School Education
College Road, Chennai 600 006.
3 The District Educational Officer
Thirupathur, Vellore District . Appellants in WA No.555 of 2016
1 The Secretary to the Government
School Education Department
Fort St.George, Chennai 600 009
2 The Director of School Education
College Road, Chennai 600 006
3 The District Educational Officer
Chennai East, Chennai 600 094 Appellants in WA No.564 of 2016
1 The Director of School Education
DPI Campus, College Road
Chennai 600 006
2 The Chief Educational Officer
Tiruvannamalai District, Tiruvannamalai
3 The Headmaster
Government High School
Salukai, Vandavasi
Tiruvannamalai District. Appellants in WA No.691 of 2016
1 The Government of Tamil Nadu
Rep.by its Secretary
School Education Department
Fort St. George, Secretariat
Chennai.
2 The Director of School Education
DPI Campus, College Road
Nungambakkam Chennai.
3 The Chief Educational Officer
Salem.
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4 The Headmistress
Government Girls Higher Secondary School
Attur, Salem Dist. Appellants in WA No.750 of 2016
1 The Director of School Education
DPI Campus, College Road
Chennai-6.
2 The Chief Educational Officer
Vellore District, Vellore
3 The Headmaster
Government Girls Higher Secondary School
Neelakandarayapuram, Vellore District . Appellants in WA No.831 of 2016
1 The Director of School Education
DPI Campus, College Road,
Chennai-6
2 The Chief Educational Officer
Villupuram District, Villupuram
3 The Headmaster
Government Higher Secondary School
Kudhiraichandal - 606 213 Villupuram District Appellants in WA No.850 of 2016
1 The Chief Educational Officer
Tiruvannamalai & Dt.
2 The District Educational Officer
Tiruvannamalai & Dt.
3 The Headmaster
Government Boys Higher Secondary School
Keezh Pennathur 604 601 . Appellants in WA No.862 of 2016
1 The Director of School Education
DPI Campus, College Road
Chennai-6.
2 The Chief Educational Officer
Thiruvannamalai District
Thiruvannamalai.
3 The Headmaster
Government High School, Theyyar
Thiruvannamalai District. Appellants in WA No.1658 of 2016
10/81
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1 The Secretary to Government
School Education Department
Fort St.George
Chennai-9
2 The Director of School Education
College Road, Chennai-6
3 The Chief Educational Officer
Pudukottai District, Pudukottai
4 The Headmaster
Government Higher Secondary School
Viralimalai 621 306
Pudukkottai District Appellants in WA No.717 of 2017
1 The Secretary to Government
School Education Department
Fort St..George
Chennai-9
2 The Director of School Education
College Road, Chennai-6
3 The District Educational Officer
Cuddalore-1, Cuddalore Dist. Appellants in WA No.718 of 2017
1 The Secretary to Government
School Education Department
Fort St. George
Chennai
2 The Director of School Education
College Road, Chennai.
3 The Chief Educational Officer
Namakkal District, Namakkal Appellants in WA No.791 of 2017
1 The Director of School Education
DPI Campus, College Road
Chennai-6
2 The Chief Educational Officer
Thiruvannamalai and District
3 The Headmaster
Government High School,
Malamanjanoorpudur 606 708
Thiruvannamalai District Appellants in WA No.913 of 2017
11/81
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1 The Director of School Education
DPI Campus, College Road
Chennai-6
2 The Chief Educational Officer
Thiruvannamalai District, Thiruvannamalai
3 The Headmaster
Government Higher Secondary School
Madam 604 502 Vandavasi Taluk
Thiruvannamalai District Appellants in WA No.981 of 2017
1 The Director of School Education
DPI Campus, College Road,
Chennai 600 006.
2 The Chief Educational Officer
Tiruvannamalai Dt Tiruvannamalai.
3 The Headmaster
Government High School
Salukai, Vandavasi
Thiruvannamalai Dt . Appellants in WA No.1201 of 2017
1 The Director of School Education
DPI Campus College Road
Chennai 600 006.
2 The Chief Educational Officer
Tiruvannamalai Dt Tiruvannamalai.
3 The Headmaster
Government High School
Mmudhur, Vandavasi
Thiruvannamalai Dt. Appellants in WA No.1214 of 2017
1 The Director of School Education
DPI Campus, College Road
Chennai 600 006.
2 The Chief Educational Officer
Tiruvannamalai Dt., Tiruvannamalai.
3 The Headmaster
Government High School
Salukai, Vandavasi
Thiruvannamalai Dt . Appellants in WA No.1242 of 2017
1 The State of Tamil Nadu
rep by its Secretary to Government
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Department of Education
Fort St.George
Chennai 600 009
2 The Director of School Education
DPI Campus College Road
Chennai 600 006
3 The Chief Educational Officer
Cuddalore Educational District, Cuddalore
4 The Headmaster
Government High School
Kurinjipadi, Cuddalore Dt. Appellants in WA No.1659 of 2017
1 The Director of School Education
DPI Campus, College Road
Chennai-6
2 The Chief Educational Officer
Villupuram District, Villupuram
3 The Headmaster
Government Higher Secondary School
Vellimedupettai Tindivanam Taluk
Villupuram District Appellants in WA No.55 of 2018
1 The Secretary to Government
School Education
Fort St. George, Chennai 9
2 The Director of School Education
College Road, Chennai 6
3 The District Educational Officer
Chennai North, Chennai-8 Appellants in WA No.576 & 577 of 2018
1 The Director of School Education
DPI Campus, College Road
Chennai.
2 The Chief Educational Officer
Tiruvannamalai District, Tiruvannamalai.
3 The Headmaster
Government Boys Higher Secondary School
Vandavasi, Tiruvannamalai Dt. Appellants in WA No.1642 of 2018
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1 The Secretary to Government of Tamil Nadu
Adi Dravidar Welfare Department
Fort St. George Chennai-9.
2 The Director of School Education
College Road , Nungambakkam
Chennai-6.
3 The Director
Adi Dravidar Welfare Department
Chennai
4 The District Adi Dravidar Welfare Officer
District Adi Dravidar Welfare Office
Nagapattinam.
5 The Head Master
Government High School (Adi Dravidar Welfare)
Azhinchimangalam, Palaiyoor Post
Nagapattinam Taluk and District. Appellants in WA No.1938 of 2018
1 The Director of School Education
DPI Campus, College Road
Chennai-600 006
2 The Chief Educational Officer
Thiruvallur District, Thiruvallur
3 The Headmaster
Government High School
Nerkundram-600107, Thiruvallur Dist. Appellants in WA No.2006 of 2018
1 The State of Tamil Nadu
rep. by the Secretary to Government
Education Department
Secretariat, Chennai-9.
2 The Director of School Education
College Road
Chennai-6.
3 The District Educational Officer
Coimbatore District, Coimbatore .Appellants in WA No.2032 of 2018
1 The Director of School Education
DPI Campus, College Road
Chennai-6
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2 The Chief Educational Officer
Kancheepuram District,
Kancheepuram.
3 The District Educational Officer
Chengalpattu
Kancheepuram District. Appellants in WA No.2157 of 2018
1 B.Paruvatham Appellant in WA No.2732 of 2018
1 The Director of School Education
Chennai
2 District Educational Officer
Salem. Salem Dist. Appellants in WA No.317 of 2019
1 P.Paulraj Appellant in WA No.333 of 2019
1 The Financial Consultant and
Accounts Officer (Audit)
Director of School Education
DPI Campus, College Road
Nungambakkam, Chennai-6
2 The Chief Educational Officer
Kancheepuram District, Kancheepuram.
3 The District Educational Officer
Chengalpattu, Kancheepuram District.
4 The Headmaster
Government Higher Secondary School
Pallikaranai, Chennai-100 Appellants in WA No.506 of 2019
1 The Director of School Education
DPI Campus, College Road
Chennai-600 006
2 The Chief Educational Officer
Kancheepuram, Kancheepuram district
3 The District Educational Officer
Chengalpattu, Kancheepuram Dist. Appellants in WA No.818 of 2019
1 The Director of Elementary Education
College Road, Chennai
2 The District Elementary Education Officer
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Erode, Erode Dist
3 The Assistant Elementary Education Officer
Sathyamangalam, Erode Dist Appellants in WA No.1066 of 2019
1 The Director of School Education
DPI Campus, College Road
Chennai - 600 006
2 The Chief Educational Officer
Namakkal District, Namakkal
3 The Headmaster
Government Higher Secondary School
Atanur, Rasipuram Tk, Namakkal District Appellants in WA No.1206 of 2019
1 The Director of School Education
Chennai.
2 The Chief Education Officer
Tiruppur and Dt. Appellants in WA No.1355 of 2019
1 K.Jothilingam Appellant in WA No.1760 of 2019
1 The Secretary to the Government
of Tamil Nadu
School Education Department
Fort St.George
Chennai - 9
2 The Director of Elementary Education
College Road
Nungambakkam
Chennai – 600 006
3 The District Elementray Educational Officer
Nagapattinam
Nagapattianam District
4 The Additional Assistant Elementary
Educational Officer
Vedaranyam, Vedaranyam Taluk
Nagapattinam District Appellants in WA No.1783 of 2019
1 The Secretary to the Government
School Education Department
Fort St.George
Chennai - 9
2 The Director of Elementary Eucation
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College Road, Nungambakkam
Chennai - 6
3 The District Elementary Educational Officer
Nagapattinam, Nagapattinam District
4 The Additional Assistant Elementary
Educational Officer
Vedranyam, Vedaranyam Taluk
Nagapattinam District Appellants in WA No.1810 of 2019
1 K.Manogaran Appellant in WA No.1829 of 2019
1 N.Kannuchamy Appellant in WA No.1856 of 2019
1 Secretary to Government
School Education Department
Fort St. George
Chennai-9
2 The Director of School Education
College Road
Chennai-6
3 The Chief Educational Officer
Krishnagiri Dist., Krishnagiri
4 The Headmaster
Government Higher Secondary School
Ikundam, Krishnagiri Dist-203 Appellants in WA No.3667 of 2019
1 The Director of School Education
DPI Campus, College Road
Chennai 600 006
2 The Chief Educational Officer
Krishnagiri, Krishnagiri District
3 The Headmaster
R.V.Government Boys Higher
Secondary School
Hosur and Post
Krishnagiri District Appellants in WA No.3772 of 2019
1 The Government of Tamil Nadu ]
rep.by its Secretary
School Education Department
Fort St.George
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Secretariat, Chennai
2 The Director of School Educaion
DPI campus, College Road
Nungambakkam
Chennai.
3 The Chief Educational Officer
Salem.
4 The Headmistress
Government Girls Higher Secondary School
Sentharapatti, Salem Dt. Appellants in WA No.3956 of 2019
1 The Director of School Education
DPI Campus, College Road
Chennai-06.
2 The Chief Educational Officer
Vellore District, Vellore.
3 The Headmaster
Government Boys Higher Secondary School
Banavaram, Vellore District. Appellants in WA No.3972 of 2019
1 The Government of Tamil Nadu
rep.by its Secretary
School Education Department
Fort St.George, Secretariat
Chennai.
2 The Director of School Education
DPI campus, College Road
Nungambakkam
Chennai 600 006
3 The Chief Educational Officer
Salem
4 The Headmaster
Government Boys Higher Secondary School
Jalakandapuram, Mettur Taluk
Salem District Appellants in WA No.3982 of 2019
1 The State of Tamil Nadu
rep by the Secretary
School Education Department
Fort St George, Chennai-9.
2 The Director of School Education
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College Road
Chennai-6.
3 The District Educational Officer
Pudukkottai District.
4 The Headmaster
Government Higher Secondary School
Thirugokaranm, Pudukkottai District. Appellants in WA No.4015 of 2019
1 The Secretary to Government
School Education Department
Government of Tamil Nadu
Fort St.George, Secretariat
Chennai-9
2 The Director of School Education
DPI campus, College Road
Nungambakkam
Chennai-6
3 The Chief Educational Officer
Namakkal District, Namakkal
4 The Headmaster
Government Girls Higher Secondary School
Belukuruchi, Namakkal District Appellants in WA No.4089 of 2019
1 The Government of Tamil Nadu
rep.by its Secretary
School Education Department
Fort St.George, Secretariat
Chennai-600 009
2 the director of school educa
tion dpic campus college road nungambakkam
chennai 600 006
3 The Chief Educational Officer
Salem
4 The Headmaster
Government Higher Secondary School
Chettimankuruchi, Idappadi Taluk
Salem District Appellants in WA No.4104 of 2019
1 The Director of School Education
DPI Campus, College Road
Chennai 600 006
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2 The Chief Educational Officer
Thiruvallur District, Thiruvallur
3 The District Educational Officer
Tiruttani Educational District
Thiruvallur District
4 The Headmaster
Government Higher Secondary School
K.G.Kandigai, Thiruvallur District Appellants in WA No.135 of 2020
1 The District Educational Officer
Villupuram, Villupuram District Appellant in WA No.322 of 2020
1 The Secretary to Government
School Education Department
Fort St.George
Chennai-9
2 The Director of School Education
College Road, Chennai-6
3 The District Educational Officer
Cuddalore-1
Cuddalore District Appellants in WA No.323 of 2020
1 The Secretary to Government
School Education Department
Fort St. George
Chennai-9.
2 The Director of School Education
College Road, Chennai-6.
3 The District Educational Officer
Kuzhithurai at Marthandam
Kanyakumari District. Appellants in WA No.324 of 2020
1 The Director of School Education
DPI Campus, College Road
Chennai-06
2 The Chief Educational Officer
Tiruvannamalai District.
3 The Headmaster
Government Higher Secondary School
Vadailluppai, Cheyyar Taluk
Tiruvannamalai District. Appellants in WA No.380 of 2021
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1 The Secretary to Government
School Education Department
Fort St. George, Chennai-9
2 The Director of School Education
College Road, Chennai-6.
3 The Chief Educational Officer
Kovilpatti, Tuticorin District. Appellants in WA No.381 of 2021
1 M.Raja Appellant in WA No.1648 of 2021
1 The Educational Secretary
Education Department
Government of Tamil Nadu
Secretariat, Fort St.George
Chennai 600 009
2 The Director of School Education
College Road
Nungambakkam
Chennai 600 006.
3 The Head master
Government Boys Higher Secondary School
Krishnagiri 635 001. Appellants in WA No.1802 of 2021
1 The Secretary to Government
Government of Tamil nadu
Education Department
Fort St.George
Chennai – 600 009.
2 The District Elementary Educational Officer
Tiruvallur - 602 001.
3 The Additional Assistant Educational Officer
R.K.Pet Union R.K.Pet - 631 303
Tiruvallur District. Appellants in WA No.2131 of 2021
1 The Secretary to Government
School Education Department
Fort St. George
Chennai-9
2 The Director of School Education
College Road, Chennai-6
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3 The District Educational Officer
Cuddalore-1, Cuddalore Dt. Appellants in WA No.2789 of 2021
1 The Secretary to Government
School Education
Fort St. George
Chennai-9
2 The Director of School Education
College Road
Chennai-6.
3 The Chief Educational Officer
Virudhunagar District, Virudhunagar.
4 The District Educational Officer
Aruppukkottai Educational District
Aruppukkottai, Virudhunagar (Dt).
5 The Headmaster
Government Higher Secondary School
Tamilpadi, Virudhunagar (Dt). Appellants in WA(MD) Nos.817 & 818 of 2017
1 The State of Tamil Nadu
Rep. by its Secretary
Department of School Education
Fort.St.George, Chennai-600009
2 The Director of School Education
College Road, Chennai - 600006
3 The Chief Educational Officer
Kanyakumari District, Nagercoil-629 001
4 The District Educational Officer
Thuckalay, Kanyakumari District Appellants in WA(MD) No.908 of 2020
1 The District Elementary Educational Officer
(Now District Educational Officer)
Sivagangai District.
2 The Assistant Elementary Educational Officer
(Now Block Educational Officer)
Illayankudi, Sivagangai District. Appellants in WA(MD) No.916 of 2020
1 M. Muthukaruppanan Appellant in WA(MD) No.1154 of 2020
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1 The Secretary to the Government
School Education Department
Fort St. George, Chennai-9.
2 The Director of School Education
College Road, Nungambakkam
Chennai-6.
3 The Chief Educational Officer
Vellore, Vellore District
4 The District Educational Officer
Vellore, Vellore District Appellants in WA No.622 of 2015
1 The Government of Tamil Nadu
represented by its Secretary
Department of Education
St.George Fort
Chennai-9
2 The Director of School Education
College Road, Chennai-9
3 The District Educational Officer
Tenkasi Appellants in WA(MD) No.664 of 2015
1 The Secretary to Government
School Education
Fort St.George, Chennai-9
2 The Director of School Education
College Road, Chennai-6
3 The Chief Educational Officer
Melur Educational District
Melur, Madurai District
4 The Headmaster
Government High School
Pallapatti, Melur Taluk
Madurai District Appellants in WA(MD) No.34 of 2015
1 The Secretary to Government
School Education
Fort St.George
Chennai 600 009
2 The Director of School Education
College Road
Chennai 600 006
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3 The District Educational Officer
Musiri Educational District
Musiri, Trichy District
4 The Secretary
Zamindar Higher Secondary School
Kattuputhur, Thottiyam Taluk
Trichy District Appellants in WA(MD) No.77 of 2015
1 The District Elementary Educational Officer
Theni District
2 The Assistant Elementary Educational Officer
Andipatti, Theni District Appellants in WA(MD) No.126 of 2015
1 The Director of School Education Department
Chennai
2 The District Educational Officer
Paramakudi
Ramanathapuram District Review Applicants in Rev.Apln(MD)No.162 of 2014
1 The Directorate of Elementary Education
College Road, DPI Compound
Chennai-6
2 The District Elementary Educational Officer
Tirunelveli
3 The Assistant Elementary Educational Officer
Kadayanallur, Tirunelveli District Appellants in WA(MD) No.1074 of 2013
1 The District Educational Officer
Devakottai
Sivagangai District Appellant in WA(MD) No.1137 of 2015
1 The Secretary to Government
School Education Department
Fort St.George
Chennai
2 The Director of School Education
College Road, Chennai-6
3 The District Educational Officer
Madurai Educational District
Tallakulam, Madurai Appellants in WA(MD) Nos.1166 to 1170 of 2013
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1 The Director of School Education
Chennai-6
2 The District Educational Officer
Devakottai, Sivagangai District Appellants in WA(MD) No.256 of 2016
1 The District Educational Officer
Melur, Madurai District
2 The Headmaster
Government Boys Higher Secondary School
Y.Othakadai, Madurai District Appellants in WA(MD) No.309 of 2016
1 The State of Tamil Nadu
rep by its Secretary to Government
School Education Department
Fort St.George, Chennai
2 The Director of Elementary Education
College Road, Chennai-6
3 The District Elementary Educational Officer
O/o the District Elementary Educational Officer
Tirunelveli, Tirunelveli District
4 The Assistant Elementary Educational Officer
O/o the Assistant Elementary Educational Officer
Melaneelithanallur
Tirunelveli District Appellants in WA(MD) No.314 of 2015
1 R.Arthanari Petitioner in WP No.32127 of 2016
1 R.Mesiahdhas Petitioner in WP No.32128 of 2016
1 T.K.Lakshmana Bharathy Petitioner in WP No.31054 of 2014
1 R.Revathy Petitioner in WP No.34498 of 2014
1 K.T.Kanchana Petitioner in WP No.34499 of 2014
1 V.Kamaraj Petitioner in WP No.1464 of 2015
1 M.Panneerselvam Petitioner in WP No.1465 of 2015
1 Tmt.R.Govindammal Petitioner in WP No.3034 of 2015
1 Tmt.M.Senthamari Petitioner in WP No.3035 of 2015
1 S.Arokiaraj Petitioner in WP No.3036 of 2015
1 R.Rajamanickam Petitioner in WP No.16000 of 2015
1 S.Sujatha Petitioner in WP No.26973 of 2015
1 P.Elango Petitioner in WP No.31454 of 2015
1 M.Shanmugam Petitioner in WP No.31954 of 2015
1 S.Natrayan Petitioner in WP No.37263 of 2015
1 T.Jayasankar Petitioner in WP No.37264 of 2015
1 S.Sharpuddin Petitioner in WP No.40225 of 2015
1 J.Muthezelan Petitioner in WP No.36339 of 2016
1 A.Sundaresan Petitioner in WP No.39226 of 2016
1 K.Chandra Petitioner in WP No.39227 of 2016
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1 D.Selvamuthu Petitioner in WP No.39228 of 2016
1 V.Adhilakshmi Petitioner in WP No.39229 of 2016
1 A.Mathappan Petitioner in WP No.39230 of 2016
1 G.Murugan Petitioner in WP No.39231 of 2016
1 A.Mathinabi Petitioner in WP No.39232 of 2016
1 A.Thangavelu Petitioner in WP No.39233 of 2016
1 A.Deniel Petitioner in WP No.39234 of 2016
1 G.Allapitchai Petitioner in WP No.39235of 2016
1 R.Jeevarathinaraju Petitioner in WP No.39808 of 2016
1 R.Arokiasamy Petitioner in WP No.39809 of 2016
1 V.Dhass Petitioner in WP No.39810 of 2016
1 B.Palani Petitioner in WP No.39811 of 2016
1 L.Danalakshmi Petitioner in WP No.39812 of 2016
1 M.Venkatesan Petitioner in WP No.39813 of 2016
1 V.Lakshmi Samethan Petitioner in WP No.39814 of 2016
1 V.Manoharan Petitioner in WP No.39815 of 2016
1 P.Krishnan Petitioner in WP No.39816 of 2016
1 G.Gunasekaran Petitioner in WP No.39817 of 2016
1 K.Krishnan Petitioner in WP No.39818 of 2016
1 J.Shanmugham Petitioner in WP No.3430 of 2017
1 K.Sivaraman Petitioner in WP No.4644 of 2017
1 N.Thilagam Petitioner in WP No.11841 of 2017
1 G.Johnson Petitioner in WP No.21404 of 2017
1 S.Selvarani Petitioner in WP No.28426 of 2017
1 K.G.Arumugam Petitioner in WP No.2401 of 2018
1 P.Kandasamy Petitioner in WP No. 2678 of 2018
1 Dr.P.Kalai Selvan Petitioner in WP No.21789 of 2019
1 Dr.P.Venkatesan Petitioner in WP No.21792 of 2019
1 Dr.V.M.Sivaji Petitioner in WP No.21795 of 2018
1 M.Mohamed Abdullah Petitioner in WP No.23475 of 2021
1 V.Mayalagu Petitioner in WP(MD)No.19425 of 2014
-vs-
1 R.Subramani Respondent in WA No.3674 of 2019
1 R.Sarangapani
2 Correspondent
Sambandam Higher Secondary School
Sembanarkoil Respondents in WA No.2249 of 2013
1 P.Rajamanickam
2 Senior Accounts Officer
O/o. the Principal Accounts General (A&E)
Tamil Nadu
3 Correspondent
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Bishop Ubagaraswamy Higher Secondary School
Tirupur Respondents in WA No.838 of 2014
1 R.Bakthavachalam Respondent in WA No.1233 of 2014
1 B.Veman Respondent in WA No.1234 of 2014
1 D.Ramasamy Respondent in WA No.1355 of 2014
1 S.Mukundaiah Respondent in WA No.1088 of 2014
1 K.Jayalingam Respondent in WA No.1548 of 2014
1 Tmt.P.Vijayagowri Respondent in WA No.1586 of 2014
1 E.Thanikachalam Respondent in WA No.1666 of 2014
1 P.Nageswararao Respondent in WA No.1667 of 2014
1 M.Panneerselvam Respondent in WA No.1668 of 2014
1 M.Dhanamjayudu Respondent in WA No.1669 of 2014
1 S.Ramesh Respondent in WA No.1670 of 2014
1 D.Subramani Respondent in WA No.1694 of 2014
1 M.Sekar Respondent in WA No.1726 of 2014
1 A.Mathiyazhagan Respondent in WA No.8 of 2015
1 N. Maharani
2 The Secretary
Nadar Mahamai Higher Secondary School
Elayirampannai - 626 201 (Via) Sattur
Virudhunagar District. Respondents in WA No.244 of 2015
1 K.Ganesan Respondent in WA No.256 of 2015
1 M.Lakshmi Respondent in WA No.767 of 2015
1 P.Arunachalam
2 The Secretary
Nadar Higher Secondary School
Kovilpatti-628 501
Tuticorin District. Respondents in WA No.1712 of 2018
1 K.Padmini Respondent in WA No.1049 of 2015
1 G.Sivakumar Respondent in WA No.1604 of 2015
1 A.Sakthivel Respondent in WA No.1727 of 2015
1 K.Ramaprasath Respondent in WA No.1735 of 2015
1 V.Prabhakar Respondent in WA No.1742 of 2015
1 K.Mani Respondent in WA No.10 of 2016
1 S.Palaniselvam Respondent in WA No.51 of 2016
1 M.Krishnamurthy Respondent in WA No.92 of 2016
1 V.Sethuraj Respondent in WA No.122 of 2016
1 P.Ramu Respondent in WA No.190 of 2016
1 J.Esther Malliga
2 The Correspondent
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Shn Ethel Harvey Girls Higher
Secondary School
Sattur-03, Virudhunagar Dist. Respondents in WA No.235 of 2016
1 M.Purushothaman Respondent in WA No.555 of 2016
1 Mrs.Ivy.Devaputhiran
2 The Correspondent
CSI Anderson Day Girls Higher Sec School
98, Acharappan Street, Chennai 600 001 Respondents in WA No.564 of 2016
1 M.Azhagi Respondent in WA No.691 of 2016
1 C.Paneerselvam Respondent in WA No.750 of 2016
1 Thiru.K.Arasu Respondent in WA No.831 of 2016
1 P.Selvaraj Respondent in WA No.850 of 2016
1 G.Janarthanan Respondent in WA No.862 of 2016
1 M.Subramanian Respondent in WA No.1658 of 2016
1 K.Balakrishnan Respondent in WA No.717 of 2017
1 A.Anthony Raj
2 The Correspondent
St.Josephs Higher Secondary School
Manjakuppam, Cuddalore. Respondents in WA No.718 of 2017
1 A.Ramasamy Respondent in WA No.791 of 2017
1 D.N.Kumarakuru Respondent in WA No.913 of 2017
1 V.Dhanasekaran Respondent in WA No.981 of 2017
1 A.Meyilvaganan Respondent in WA No.1201 of 2017
1 l.Varagunapandian Respondent in WA No.1214 of 2017
1 S.Krishnan Respondent in WA No.1242 of 2017
1 R.Balaji Respondent in WA No.1659 of 2017
1 A.Jeevandran Respondent in WA No.55 of 2018
1 P.Wilson Alexraj Respondent No.1 in WA Nos.576 & 577 of 2018
1 J.Gilbert Susai Raja Respondent No.1 in WA No.578 of 2018
2 The Headmaster / Correspondent
Don Bosco Higher Secondary School
Perambur, Chennai-600 011. Respondent No.2 in WA Nos.576, 577 & 578 of 2018
1 B.Gnanasambandam Respondent in WA No.1642 of 2018
1 N.Kannaiyan Respondent in WA No.1938 of 2018
1 K.Gomathi Respondent in WA No.2006 of 2018
1 S.Manoharan Respondent in WA No.2032 of 2018
1 K.Sundarajan Respondent in WA No.2157 of 2018
1 The Secretary to Government
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School Education Department
Fort St George, Chennai
2 The Director of School Education
College Road, Chennai
3 The District Educational Officer
Trichy, Trichy Dist.
4 The Correspondent
Savithri Vidyasala Higher Secondary School
Trichy Respondents in WA No.2732 of 2018
1 M.Asokan Respondent in WA No.317 of 2019
1 Director of School Education
Chennai-6
2 District Educational Officer
Chennai(South), Chennai-8
3 Secretary
M.G.R. Higher Secondary School
Kodambakkam, Chennai-24 Respondents in WA No.333 of 2019
1 K.Sakthivelu Respondent in WA No.506 of 2019
1 N.Kumaraswami Respondent in WA No.818 of 2019
1 S.Sakthivel Respondent in WA No.1066 of 2019
1 V.Chandrasekaran Respondent in WA No.1206 of 2019
1 V.Kalayarasi Respondent in WA No.1355 of 2019
1 Director of Elementary Education
Chennai-6
2 District Elementary Educational Officer
Villupuram Dist., Villupuram Respondents in WA No.1760 of 2019
1 R.Murugaiyan Respondent in WA No.1783 of 2019
1 V.Chithiravelu
2 The Secretary
Gnanambiga Aided Elementary School
Karuppambulam Post, Vedaranyam Tk
Nagapattinam District Respondents in WA No.1810 of 2019
1 State of Tamil Nadu
rep by the Principal Secretary
School Education Department
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Fort St.George, Chennai-9
2 The Finance Secretary
Department of Finance
Secretariat, Chennai-9
3 The Director of School Education
Directorate of School Education
Chennai-6
4 The District Educational Officer
District Educational Office
Thirupattur 635 601 Respondents in WA No.1829 of 2019
1 Chief Educational Officer
Coimabtore and Dt.
2 Headmaster
Nanjappa Municipal Boys Higher
Secondary School
Kadarpettai, Tiruppur Respondents in WA No.1856 of 2019
1 S.Sadhasivam Respondent in WA No.3667 of 2019
1 B.Ravichandran Respondent in WA No.3772 of 2019
1 K.Balasubramanian Respondent in WA No.3956 of 2019
1 G.Geetha Respondent in WA No.3972 of 2019
1 A.Balasundaram Respondent in WA No.3982 of 2019
1 R.Ganesan Respondent in WA No.4015 of 2019
1 N.Maheswari Respondent in WA No.4089 of 2019
1 R.Ravikumar Respondent in WA No.4104 of 2019
1 K.Geethanjali Respondent in WA No.135 of 2020
1 A.Thangavelu Respondent in WA No.322 of 2020
1 Tmt.P.Rajalakshmi
2 The Secretary
NLC Schools
Neyveli Lignite Corporation Ltd.,
Mahatma Gandhi Road
Neyveli 607 801 Respondents in WA No.323 of 2020
1 G.John Chrisastum
2 The Correspondent
St. Francis Higher Secondary School
Vavarai S.T.Mankad-629 172
Kanyakumari District Respondents in WA No.324 of 2020
1 N.Kanniyappan Respondent in WA No.380 of 2021
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1 Tmt.Kasthuri
2 The Secretary
Kammavar(G) Hr.Sec. School
Kalugumalai 628 523
Thoothukudi District. Respondents in WA No.381 of 2021
1 State of Tamil Nadu
rep by its Home Secretary
Fort St George
Chennai-600 009.
2 The Director General of Police
Kamarajar Salai, Mylapore
Chennai-600 004.
3 The Commissioner of Police
No.132, EVK Sampath Road, Vepery,
Periyamet, Chennai-600 007. Respondents in WA No.1648 of 2021
1 V.Perumal Respondent in WA No.1802 of 2021
1 M.Narasimhan Respondent in WA No.2131 of 2021
1 R.Susai Raj
2 The Correspondent
St. Josephs Higher Secondary School
Manjankuppam, Cuddalore - 607 001 Respondents in WA No. 2789 of 2021
1 N.Alagarsamy Respondent in WA(MD) No.817 of 2017
1 V.Santhi Respondent in WA(MD) No.818 of 2017
1 P.B.Vinodh
2 The Secretary
Devaswom Higher Secondary School
Mondaikadu - 620 252
Kanyakumari District. Respondents in WA(MD)No.908 of 2020
1 A.Kulandaisamy Respondent in WA (MD) No.916 of 2020
1 The Secretary to Government
School Education
Fort St. George
Chennai-600 009.
2 The Director of School Education
College Road, Chennai-6.
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3 The District Educational Officer
Madurai Educational District
Thallakulam, Madurai. Respondents in WA(MD) No.1154 of 2020
1 D.Barathi Respondent in WA No.622 of 2015
1 A.Ganesan
2 The Correspondent
A.V.S.High School
Pulingudi
Tirunelveli District Respondents in WA(MD) No.664 of 2015
1 S.Murugesan Respondent in WA(MD) No.34 of 2015
1 P.Arumugam Respondent in WA(MD) No.77 of 2015
1 K.Seeniammal Respondent in WA(MD) No.126 of 2015
1 N.Balasoundari
2 The Secretary and Correspondent
K.N.Girls Higher Secondary School
Kamuthi, Ramanathapuram District Respondents in Rev.Apln.(MD) No.162 of 2014
1 S.S.AL.Ameen
2 The Manager
Hidhayathul Islam Primary School
Kadayanallur, Tirunelveli District Respondents in WA(MD) No.1074 of 2013
1 V.Pernadsamy
2 The Correspondent
R.C.High School
Keela Utchani
Sivagangai District Respondents in WA(MD) No.1137 of 2015
1 K.Nagasubramanian Respondent No.1 in WA(MD) No.1166 of 2013
2 S.Bala Ayyappan Respondent No.1 in WA(MD) No.1167 of 2013
3 K.Sundararaja Pandian Respondent No.1 in WA(MD) No.1168 of 2013
4 P.M.Srinivasan Respondent No.1 in WA(MD) No.1169 of 2013
5 V.V.Sundaramoorthy Respondent No.1 in WA(MD) No.1170 of 2013
6 The Correspondent
Sourashtra Higher Secondary School
110, Kamarajar Salai
Madurai-9 2nd Respondent in WA(MD)Nos.1166 to 1170 / 2013
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1 K.Rajadurai Respondent in WA(MD) No.256 of 2016
1 S.Joseph Respondent in WA(MD) No.309 of 2016
1 M.Michael Raj Respondent in WA(MD) No.314 of 2015
1 The Secretary to Government
School Education Department
Fort St. George
Chennai-9
2 The Director of School Education
College Road, Chennai-6
3 The District Educational Officer
North Chennai, Chennai-600 008.
4 The Secretary
S.S.V.Aided Higher Secondary School
Ekambareswarar Koil Agraharam Street
Chennai-600 003 Respondents in WP No.32127 of 2016
1 The Secretary to Government
School Education Department
Fort St. George, Chennai-9
2 The Director of School Education
College Road, Chennai-6
3 The Chief Educational Officer
Tirunelveli District, Tirunelveli-9 Respondents in WP No.32128 of 2016
1 The Secretary to Government
School Education Department
Fort St. George
Chennai-9.
2 The Director of School Education
College Road, Chennai-6.
3 The District Educational Officer
Cheranmahadevi @ Tirunelveli.
4 The Secretary
Ramaseshier Aided Higher Secondary School
Pattamadai-627453 Tirunelveli District Respondents in WP No.31054 of 2014
1 The Secretary to Government
School Education Department
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Fort St. George
Chennai-9
2 The Director of School Education
College Road, Chennai-6
3 The Chief Educational Officer
Kancheepuram District, Kancheepuram
4 The Head Master
Government Higher Secondary School
Sozhinganallur 600 119
Kancheepuram District Respondents in WP No.34498 of 2014
1 The Secretary to Government
School Education Department
Fort St. George
Chennai-9
2 The Director of School Education
College Road, Chennai-6
3 The Chief Educational Officer
Kancheepuram District, Kancheepuram
4 The Headmaster
Government Higher Secondary School
Anjoor-603 204, Kancheepuram District Respondents in WP No.34499 of 2014
1 The Secretary to Government
School Education Department
Fort St. George
Chennai-9.
2 The Director of School Education
College Road, Chennai-6.
3 The District Educational Officer
Thiruvarur, Thiruvarur District.
4 The Headmaster
National Higher Secondary School
Mannargudi-614 001, Thiruvarur District. Respondents in WP No.1464 of 2015
1 The Secretary to Government
School Education Department
Fort St. George, Chennai-9.
2 The Director of School Education
College Road, Chennai-6.
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3 The District Educational Officer
North Chennai, Egmore, Chennai-8.
4 The Secretary
T.T.V. Higher Secondary School
New No.199, Mint Street
Sowcarpet, Chennai-79 Respondents in WP No.1465 of 2015
1 The Secretary to Government
School Education Department
Fort St. George
Chennai 9
2 The Director of School Education
College Road, Chennai 6
3 The District Educational Officer
Cuddalore 607 001, Cuddalore District
4 The Secretary
NLC Schools, Neyveli Lignite Corporation Ltd.
Mahatma Gandhi Road
Neyveli 607 801 Respondents in WP Nos.3034 to 3036 of 2015
1 The Secretary to Government
School Education Department
Fort St. George
Chennai-9.
2 The Director of School Education
College Road, Chennai-6.
3 The District Educational Officer, Trichy
4 The Correspondent
St.Joseph College Higher Secondary School
Trichy-6. Respondents in WP No.16000 of 2015
1 The Director of School Education
DPI Campus, College Road
Chennai - 600 006
2 The Chief Educational Officer
Coimbatore District, Coimbatore
3 The Headmaster
Government Higher Secondary School Jameen
Uthukuli, Pollachi
Coimbatore District Respondents in WP No.26973 of 2015
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1 The Secretary to Government
School Education Department
Fort St. George
Chennai - 9
2 The Director of School Education
College Road, Chennai-6
3 The District Educational Officer
Cheranmahadevi @ Tirunelveli
Tirunelveli District
4 The Secretary
Papanasam Labour Welfare Rights
Higher Secondary School
Vikkiramasingapuram
Tirunelveli - 627 425 Respondents in WP No.31454 of 2015
1 The Secretary to Government
School Education Department
Fort.St.George
Chennai-9.
2 The Director of Elementary Education
College Road, D.P.I Compound
Chennai-6.
3 The District Elementary Educational Officer
Thiruvallur, Thiruvallur District. Respondents in WP No.31954 of 2015
1 The Secretary to Government
School Education Department
Fort St. George
Chennai - 9
2 The Director of School Education
College Road, Chennai - 6
3 The District Educational Officer
Tiruppur, Tiruppur District Respondents in WP No.37263 of 2015
1 The Secretary to Government
School Education Department
Fort St. George
Chennai - 9
2 The Director of School Education
College Road, Chennai - 6
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3 The Chief Educational Officer
Kancheepuram District, Kancheepuram
4 The Headmaster
Government Higher Secondary School
Ananthamangalam - 603 307
Kancheepuram District Respondents in WP No.37264 of 2015
1 The Director of School Education
DPI Campus, College Road
Chennai-6.
2 The Chief Educational Officer
Thiruvannamalai District.
3 The Headmaster
Government Boys Higher Secondary School
Vandavasi, Thiruvannamalai District. Respondents in WP No.40225 of 2015
1 The Principal Secretary to Government
School Education Department
Secretariat, Chennai-600 009.
2 The Director
School Education Department
DPI Campus, Nungambakkam
Chennai-600 006.
3 The Chief Educational Officer
Nagapattinam
4 The District Programme Co-ordinator
Sarva Shiksha Abiyan Scheme
Nagapattinam Respondents in WP No.36339 of 2016
1 The Government of Tamilnadu
Rep. by Secretary to Government
School Education Department
Secretariat, Chennai-600 009.
2 Director of School Education
College Road, Nungambakkam
Chennai-600 006.
3 The Chief Educational Officer
Vellore, Vellore District. Respondents in WP Nos.39226 to 39228 of 2016
1 The Government of Tamil Nadu
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Rep. by Secretary to Government
School Education Department
Secretariat, Chennai-600 009.
2 Director of School Education
College Road, Nungambakkam
Chennai-600 006.
3 The Chief Educational Officer
Salem, Salem District. Respondents in WP Nos.39229, 39230 & 39235/2016
1 The Government of Tamil Nadu
Rep. by Secretary to Government
School Education Department
Secretariat, Chennai-600 009
2 Director of School Education
College Road, Nungambakkam
Chennai-600 006.
3 The Chief Educational Officer
Krishnagiri, Krishnagiri District. Respondents in WP No.39231 of 2016
1 The Government of Tamil Nadu
Rep. by Secretary to Government
School Education Department
Secretariat, Chennai-600 009.
2 Director of School Education
College Road, Nungambakkam,
Chennai-600 006.
3 The Chief Educational Officer
Dharmapuri, Dharmapuri District. Respondents in WP No.39232 of 2016
1 The Government of Tamil Nadu
Rep. by Secretary to Government
School Education Department
Secretariat, Chennai-600 009.
2 Director of School Education
College Road, Nungambakkam
Chennai-600 006.
3 The Chief Educational Officer
Dindigul, Dindigul District. Respondents in WP No.39233 of 2016
1 The Government of Tamil Nadu
Rep. by Secretary to Government
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School Education Department
Secretariat, Chennai-600 009.
2 Director of School Education
College Road, Nungambakkam
Chennai-600 006.
3 The Asst. Elementary Education Officer
Gingee, Villupuram District. Respondents in WP No.39234 of 2016
1 The Government of Tamil Nadu
Rep by Secretary to Government
School Education Department
Secretariat, Chennai-600 009
2 The Diector of Elementary Education
College Road, Nungambakkam
Chennai-600 006
3 The District Elementary Education Officer
Vellore, Vellore District
4 The Assistant Elementary Education Officer
Sholingar, Vellore District Respondents in WP No.39808 of 2016
1 The Government of Tamil Nadu
Rep by Secretary to Government
School Education Department
Secretariat, Chennai-600 009
2 Director of School Education
College Road, Nungambakkam
Chennai-600 006
3 The Chief Educational Officer
Villupuram
Villupuram District
4 The District Educational Officer
Kallakurichi, Villupuram District Respondents in WP No.39809 of 2016
1 The Government of Tamil Nadu
Rep by Secretary to Government
School Education Department
Secretariat, Chennai-600 009
2 Director of Elementary School Education
College Road, Nungambakkam
Chennai-600 006
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3 The Asst. Elementary Educational Officer
Vandavasi, Thiruvannamalai District Respondents in WP No.39810 of 2016
1 The Government of Tamil Nadu
Rep by Secretary to Government
School Education Department
Secretariat, Chennai-600 009
2 Director of School Education
College Road, Nungambakkam,
Chennai-600 006
3 The Chief Educational Officer
Vellore, Vellore District Respondents in WP Nos.39811 to 39813 of 2016
1 The Government of Tamilnadu
Rep by Secretary to Government
School Education Department
Secretariat, Chennai-600 009
2 The Director of Elementary Education
College Road, Nungambakkam
Chennai-600 006
3 The District Elementary Education Officer
Vellore, Vellore District Respondents in WP No.39814 of 2016
1 The Government of Tamil Nadu
Rep by Secretary to Government
School Education Department
Secretariat, Chennai-600 009
2 Director of Elementary Education
College Road, Nungambakkam
Chennai-600 006
3 The District Elementary Education Officer
Coimbatore Coimbatore District Respondents in WP No.39815 of 2016
1 The Government of Tamil Nadu
Rep by Secretary to Government
School Education Department
Secretariat, Chennai-600 009
2 Director of School Education
College Road, Nungambakkam
Chennai-600 006
3 The Chief Educational Officer
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Thiruvannamalai, Thiruvannamalai District Respondents in WP No.39816 of 2016
1 The Government of Tamil Nadu
Rep by Secretary to Government
School Education Department
Secretariat, Chennai-600 009
2 Director of School Education
College Road, Nungambakkam
Chennai-600 006
3 The Chief Educational Officer
Villupuram, Villupuram District Respondents in WP No.39817 of 2016
1 The Government of Tamil Nadu
Rep by Secretary to Government
School Education Department
Secretariat, Chennai-600 009
2 The Director of School Education
College Road, Nungambakkam
Chennai-600 006
3 The Chief Educational Officer
Kanchipuram District Respondents in WP No.39818 of 2016
1 The Secretary to Government
School Education Department
Fort St. George, Chennai 9
2 The Director of School Education
College Road, Chennai 6
3 The District Educational Officer
Ponneri, Tiruvallur District.
4 The Secretary / Correspondent
Vellayan Chettiar Higher Secondary School
Thiruvotriyur, Chennai-19 Respondents in WP No.3430 of 2017
1 The Secretary to Government
School Education
Fort St.George, Chennai-9
2 The Director of School Education
College Road, Chennai-6
3 The Chief Educational Officer
Udhagamandalam, Nilgiris District
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4 The Headmaster
Kothagiri Government Higher Secondary School
Kotagiri, Nilgiris District Respondents in WP No.4644 of 2017
1 The Director of School Education
DPI Campus, College Road
Chennai-6.
2 The Chief Educational Officer
District Collectorate Building
Salem-636 001.
3 The District Educational Officer
Sankari, Salem District Respondents in WP No.11841 of 2017
1 The Secretary to Government
School Education Department
Fort St.George, Chennai- 600 009.
2 The Director of School Education
College Road, Chennai-600 006.
3 The District Educational Officer
O/o. The District Educational Office
Nagercoil-1, Kanyakumari District.
4 The Correspondent
The Salvation Army Higher Secondary School
Vetturnimadam, Nagercoil-3
Kanyakumari District. Respondents in WP No.21404 of 2017
1 The Director of Elementary Education
College Road, Chennai-6
2 The District Elementary Educational Officer
Tiruppur, Tiruppur District 641 601
3 The Assistant Elementary Educational Officer
Tiruppur North, Tiruppur District 641 601 Respondents in WP No.28426 of 2017
1 The State of Tamil Nadu ]
rep by the Secretary to Government
School Education Department
Fort St. George, Chennai-09
2 The Director of School Education
College Road, Nungambakkam
Chennai-06
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3 The Chief Educational Officer
Thiruvannamalai District
Thiruvannamalai Respondents in WP No.2401 of 2018
1 The Principal Secretary to Government
Education Department
Secretariat, Chennai-9
2 The Director of School Education
College Road, Chennai-6
3 The District Educational Officer
Villupuram District, Villupuram Respondents in WP No.2678 of 2018
1 The Secretary to Government
School Education Department
Fort St.George
Chennai 600009.
2 The Director
Directorate of School Education
College Road, DPI Compound
Chennai 600006.
3 The Chief Educational Officer
Sathuvachari, Vellore District. Respondents in WP Nos.21789, 21792, 21795/2019
1 The Secretary to Government
Department of School Education
Fort St.George, Chennai 600 009.
2 The Director of School Education
O/o The Director of School Education
DPI Campus, College Road
Chennai 600 006.
3 The Chief Educational Officer
O/o.The Chief Educational Officer
Chennai District
Presidency Girls Hr.Sec. School Campus
Egmore, Chennai 600008 Respondents in WP No.23475 of 2021
1 The Secretary to Government
School Education
Fort St. George, Chennai-9
2 The Director of School Education
College Road, Chennai-6
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3 The Assistant Elementary Educational Officer
Manamadurai Union, Manamadurai
Sivagangai District. Respondents in WP(MD) No.19425 of 2014
Memorandum of Grounds of Review Application(MD) No.162 of 2014 filed under
Order XLVII, Rules 1 & 2 read with Section 114 of the Civil Procedure Code to review
the order dated 18.09.2014 made in WA(MD)No.867 of 2014.
Memorandum of Grounds of Writ Appeal(s) filed under Clause 15 of the Letters
Patent against
- the order dated 12.12.2013 passed in W.P.No.33668 of 2013 (W.A.No.3674 of 2019);
- the order dated 18.12.2013 passed in W.P.Nos.34388, 34389, 34390, 34391, 34392 of
2013 (W.A.Nos.1666, 1667, 1668, 1669, 1670 of 2014);
- the order dated 18.12.2013 passed in W.P.No.34429 of 2013 (W.A.No.1694 of 2014);
- the order dated 18.02.2014 passed in W.P.No. 4547 of 2014 (W.A.No.1726 of 2014);
- the order dated 26.11.2013 passed in W.P.No.31800 of 2013 (W.A.No.8 of 2015);
- the order dated 27.08.2014 passed in W.P.No.16200 of 2014 (W.A.No.1712 of 2018);
- the order dated 05.09.2014 passed in WP.No.20400 of 2014 (W.A.No.1658 of 2016);
- the order dated 13.02.2014 passed in W.P.No.4110 of 2014 (W.A.No.717 of 2017);
- the order dated 21.02.2014 passed in W.P.No.34881 of 2013 (W.A.No.718 of 2017);
- the order dated 18.11.2013 passed in W.P.No.5023 of 2012 (W.A.No.791 of 2017);
- the order dated 19.08.2014 passed in W.P.No.22298 of 2014 (W.A.No.913 of 2017);
- the order dated 17.12.2013 passed in W.P.No.34204 of 2013 (W.A.No.981 of 2017);
- the order dated 12.09.2014 passed in W.P.No.24807 of 2014 (W.A.No.1201 of 2017);
- the order dated 12.09.2014 passed in W.P.No.24805 of 2014 (W.A.No.1214 of 2017);
- the order dated 12.09.2014 passed in W.P.No.24814 of 2014 (W.A.No.1242 of 2017);
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- the order dated 01.06.2015 passed in W.P.No.13945 of 2015 (W.A.No.1659 of 2017);
- the order dated 18.12.2013 passed in W.P.No.34206 of 2013 (W.A.No.55 of 2018);
- the order dated 16.07.2014 passed in W.P.Nos.7974, 7975, 7976 of 2014
(W.A.Nos.576, 577, 578 of 2018);
- the order dated 20.12.2013 passed in W.P.No.34883 of 2013 (W.A.No.1642 of 2018);
- the order dated 23.09.2014 passed in W.P.No.25812 of 2014 (W.A.No.1938 of 2018);
- the order dated 26.02.2014 passed in W.P.No.5642 of 2014 (W.A.No.2006 of 2018);
- the order dated 11.09.2015 passed in W.P.No.28666 of 2015 (W.A.No.2032 of 2018);
- the order dated 16.09.2014 passed in W.P.No.25710 of 2014 (W.A.No.2157 of 2018);
- the order dated 28.09.2018 passed in W.P.No.33146 of 2017 (W.A.No.2732 of 2018);
- the order dated 05.12.2013 passed in W.P.No.33138 of 2013 (W.A.No.317 of 2019);
- the order dated 20.08.2018 passed in W.P.No.19567 of 2013 (W.A.No.333 of 2019);
- the order dated 06.11.2017 passed in W.P.No.32888 of 2013 (W.A.No.506 of 2019);
- the order dated 16.09.2014 passed in W.P.No.25171 of 2014 (W.A.No.818 of 2019);
- the order dated 03.08.2017 passed in W.P.No.21418 of 2011 (W.A.No.1066 of 2019);
- the order dated 28.11.2013 passed in W.P.No.32490 of 2013 (W.A.No.1206 of 2019);
- the order dated 22.04.2015 passed in W.P.No.11443 of 2015 (W.A.No.1355 of 2019);
- the order dated 27.07.2018 passed in W.P.No.22404 of 2008 (W.A.No.1760 of 2019);
- the order dated 24.09.2014 passed in W.P.No.26056 of 2014 (W.A.No.1783 of 2019);
- the order dated 21.03.2014 passed in W.P.No.7396 of 2014 (W.A.No.1810 of 2019);
- the order dated 07.02.2019 passed in W.P.No.4764 of 2018 (W.A.No.1829 of 2019);
- the order dated 20.12.2018 passed in W.P.No.25411 of 2008 (W.A.No.1856 of 2019);
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- the order dated 18.02.2014 passed in W.P.No.4576 of 2014 (W.A.No.3667 of 2019);
- the order dated 24.02.2014 passed in W.P.No.5283 of 2014 (W.A.No.3772 of 2019);
- the order dated 25.11.2013 passed in W.P.No.31690 of 2013 (W.A.No.3956 of 2019);
- the order dated 11.02.2014 passed in W.P.No.3958 of 2014 (W.A.No.3972 of 2019);
- the order dated 12.12.2013 passed in W.P.No.33671 of 2013 (W.A.No.3982 of 2019);
- the order dated 22.01.2014 passed in W.P.No.1422 of 2014 (W.A.No.4015 of 2019);
- the order dated 17.12.2013 passed in W.P.No.34062 of 2013 (W.A.No.4089 of 2019);
- the order dated 12.12.2013 passed in W.P.No.33670 of 2013 (W.A.No.4104 of 2019);
- the order dated 05.11.2019 passed in W.P.No.30141 of 2019 (W.A.No.135 of 2020);
- the order dated 13.06.2011 passed in W.P.No.15584 of 2008 (W.A.No.322 of 2020);
- the order dated 04.08.2014 passed in W.P.No.20554 of 2014 (W.A.No.323 of 2020);
- the order dated 26.02.2014 passed in W.P.No.5847 of 2014 (W.A.No.324 of 2020);
- the order dated 20.12.2013 passed in W.P.No.34885 of 2013 (W.A.No.380 of 2021);
- the order dated 18.11.2013 passed in W.P.No.18549 of 2013 (W.A.No.381 of 2021);
- the order dated 07.03.2018 passed in W.P.No.5134 of 2018 (W.A.No.1648 of 2021);
- the order dated 18.03.2014 passed in W.P.No.29643 of 2010 (W.A.No.1802 of 2021);
- the order dated 24.09.2019 passed in W.P.No.13356 of 2010 (W.A.No.2131 of 2021);
- the order dated 27.08.2014 passed in W.P.No.8758 of 2014 (W.A.No.2789 of 2021);
- the order dated 01.11.2016 passed in W.P.(MD)Nos.20873, 20874 of 2016
(W.A.(MD)Nos.817, 818 of 2017);
- the order dated 03.08.2018 passed in W.P.(MD)No.17168 of 2018
(W.A.(MD)No.908 of 2020);
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- the order dated 27.04.2018 passed in W.P.(MD)No.9209 of 2018 (W.A.(MD)No.916
of 2020);
- the order dated 08.08.2019 passed in W.P.(MD)No.217 of 2014 (W.A.(MD)No.1154
of 2020);
- the order dated 24.09.2014 passed in W.P.No.26107 of 2014 (W.A.No.622 of 2015);
- the order dated 26.11.2014 passed in W.P.(MD)No.17379 of 2014
(W.A.(MD)No.664 of 2015);
- the order dated 17.10.2014 passed in W.P.(MD)No.17022 of 2014 (W.A.(MD)No.34
of 2015);
- the order dated 17.10.2014 passed in W.P.(MD)No.17025 of 2014 (W.A.(MD)No.77
of 2015);
- the order dated 07.11.2014 passed in W.P.(MD)No.7595 of 2012 (W.A.(MD)No.126
of 2015);
- the order dated 22.03.2013 passed in W.P.(MD)No.2117 of 2011
(W.A.(MD)No.1074 of 2013);
- the order dated 23.04.2015 passed in W.P.(MD)No.6504 of 2015
(W.A.(MD)No.1137 of 2015);
- the order dated 24.07.2013 passed in W.P.(MD)Nos.11802 to 11806 of 2013
(W.A.(MD)Nos.1166 to 1170 of 2013);
– the order dated 24.11.2015 passed in W.P.(MD)No.20389 of 2015
(W.A.(MD)No.256 of 2016);
- the order dated 21.08.2015 passed in W.P.(MD)No.14651 of 2015
(W.A.(MD)No.309 of 2016);
- the order dated 18.02.2015 passed in W.P.(MD)No.2100 of 2015 (W.A.(MD)No.314
of 2015);
Writ Petition(s) filed under Article 226 of the Constitution of India, praying for
issuance of a Writ of Certiorarified Mandamus (or) for issuance of a Writ of Mandamus,
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– calling for the records of the third respondent in Na.Ka.No.2951/A2/2016 dated
31.07.2016 and quash the same and direct the respondents 1 to 3 to sanction incentive
increments for acquiring M.Phil Qualification in the cadre of Head Master of Higher
Secondary School by extending the benefits of the GO Ms.Nos.209 and 15 School
Education Department dated 08.07.2010 and 28.03.2013 issued by the first respondent
to the petitioner (W.P.No.32127 of 2016);
– calling for the records of the third respondent in A.Thi.Mu.No.1428/43/2014 dated
24.02.2014 and quash the same and direct the respondents 1 to 3 to sanction incentive
increments for acquiring M.Phil Qualification in the cadre of PG Assistant by
extending the benefits of the GO Ms.Nos.209 and 15, School Education Department
dated 08.07.2010 and 28.03.2013 issued by the first respondent to the petitioner
(W.P.No.32128 of 2016);
– calling for the records of the third respondent in Na.Ka.No.3231/A1/2014 dated
26.08.2014 and quash the same and direct the respondents 1 to 3 to sanction incentive
increments for acquiring M.Phil qualification to the petitioner in the cadre of PG
Assistant by extending the benefits of the G.O.Ms.Nos.209 and 15, School Education
Dept. dated 08.07.2010 and 28.03.2013 issued by the first respondent
(W.P.No.31054 of 2014);
– calling for the records of the fourth respondent in Na.Ka.No.110/2014 dated
11.12.2014 and quash the same and direct the respondents to sanction incentive
increments for acquiring M.Phil qualification to the petitioner in the cadre of PG
Assistant by extending the benefits of the G.O.Ms.Nos.209 and 15 School Education
Department dated 8.7.2010 and 28.3.2013 issued by the first respondent
(W.P.No.34498 of 2014);
– calling for the records of the fourth respondent in Na.Ka.No.248/2014 dated
17.12.2014 and quash the same and direct the respondents to sanction incentive
increments for acquiring M.Phil qualification to the petitioner in the cadre of PG
Assistant by extending the benefits of the G.O.Ms Nos.209 and 15 School Education
Dept. dated 8.7.2010 and 28.3.2013 issued by the first respondent (W.P.No.34499 of
2014);
– directing the first respondent to sanction incentive increments for acquiring M.Phil
qualification by extending the benefits of the G.O. Ms.No.209 and 15 School
Education Department dated 8.7.2010 and 28.3.2013 respectively to the petitioner
(W.P.No.1464 of 2015);
– calling for the records of the third respondent in Na.Ka.No.5243/A3/2014 dated
29.12.2014 and quash the same and direct the respondents 1 to 3 to sanction incentive
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increments for acquiring M.Phil qualification in the cadre of PG Assistant by extending
the benefits of the G.O. Ms.No.209 and 15 School Education Department dated
8.7.2010 and 28.3.2013 issued by the first respondent to the petitioner (W.P.No.1465
of 2015);
– calling for the records pertaining to the order passed by the second respondent in Na.
Ka.No.34985/K/E1/2014 dated 19.11.2014 and quash the same and direct the
respondents 1 to 3 to sanction incentive increments for acquiring M.Phil qualification in
the cadre of PG Assistant by extending the benefits of the G.O.Ms Nos.209 and 15
School Education Department dated 8.7.2010 and 28.3.2013 issued by the 1st
respondent to the petitioner (W.P.No.3034 of 2015);
– calling for the records pertaining to the orders passed by the second respondent in Na.
Ka.No.80516/K/E1/2014 dated 19.11.2014 and quash the same and direct the
respondents 1 to 3 to sanction incentive increments for acquiring M.Phil qualification in
the cadre of PG Assistant by extending the benefits of the G.O.Ms.Nos.209 and 15
School Education Department dated 8.7.2010 and 28.3.2013 issued by the 1st
respondent to the petitioner (W.P.No.3035 of 2015);
– calling for the records pertaining to the orders passed by the second respondent in Na.
Ka.No.80515//K/E1/2014 dated 19.11.2014 and quash the same and direct the
respondents 1 to 3 to sanction incentive increments for acquiring M.Phil qualification in
the cadre of PG Assistant by extending the benefits of the G.O.Ms.Nos.209 and 15
School Education Dept. dated 8.1.2008 and 28.3.2013 issued by the 1st respondent to
the petitioner (W.P.No.3036 of 2015);
– calling for the records of the third respondent in A.Thi.Mu.No.1411/A/2015 dated
26.03.2015 and quash the same and direct the respondents 1 to 3 to sanction incentive
increments for acquiring M.Phil qualification in the cadre of PG Assistant by extending
the benefits of the G.O.Ms.Nos.209 and 15 School Education Department dated
08.07.2010 and 28.03.2013 issued by the first respondent to the petitioner
(W.P.No.16000 of 2015);
– to call for the records relating to the proceedings of the third respondent in Na.Ka.No.
54/15-16 dated 06.07.2015 and to quash the same and consequently directing the
Respondents to sanction the incentive increment for the petitioner for acquiring M. Phil
degree with effect from 01.07.2008 within a time frame to be fixed by this Honourable
Court (W.P.No.26973 of 2015);
– calling for the records of the third respondent in OMu.No.1791/A3/2015 dated
22.05.2015 and quash the same and direct the respondents 1 to 3 to sanction incentive
increments for acquiring M.Phil qualification in the cadre of PG Assistant by extending
the benefits of the G.O.Ms.Nos.209 and 15 School Education Dept dated 08.07.2010
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and 28.03.2013 issued by the first respondent to the petitioner (W.P.No.31454 of
2015);
– calling for the records of the third respondent in connection with the impugned order
passed in Na.Ka.No.1877/A2/2015 dated 24.08.2015 and quash the same and direct
the respondents to extend the benefits granted in G.O.(2D) No.15 School Education
dated 28.03.2013 to the petitioner within a reasonable time (W.P.No.31954 of 2015);
– calling for the records of the third respondent in Omu.No.2338/A2/2015 dated
01.06.2015 and quash the same and direct the respondents to sanction incentive
increments for acquiring M.Phil qualification in the cadre of PG Assistant by extending
the benefits of the G.O.Ms.(D).Noa.209 and 15 school Education Department dated
08.07.2010 and 28.03.2013 to the petitioner (W.P.No.37263 of 2015);
– calling for the records of the fourth respondent in proceedings Nil dated 25.09.2015
and quash the same and direct the respondents to sanction incentive increments for
acquiring M.Phil qualification in the cadre of PG Assistant by extending the benefits of
the G.O.Ms.(D).Nos.209 and 15 School Education Department dated 08.07.2010 and
28.03.2013 to the petitioner (W.P.No.37264 of 2015);
– to call for the records relating to the proceedings of the third respondent in Na.Ka.No.
136/A1/2005 dated 15.07.2005 and quash the same and consequently direct the
respondents to sanction the 3rd incentive increment to the petitioner from the date of
acquiring M.Ed. degree within a time frame to be fixed by this Honourable Court
(W.P.No.40225 of 2015);
– to call for the records pertaining to the order dated 18.08.2016 vide Reference No.
A.T.M.No.2701/A1/ATE/2016 passed by the 4th respondent herein and quash the
same and consequently directing the 3rd respondent to give increment on pay scale of
the petitioner on the basis of G.O. (2D) No.15 School Education (J) Department
dated 28.03.2013 which was issued by the 1st respondent herein (W.P.No.36339 of
2016);
– directing the respondents to sanction third incentive increment for acquiring B.Ed.
Degree in the year July 1980 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39226 of 2016);
– directing the respondents to sanction second and third incentive increments for
acquiring M.Ed. Degree in the year May 1992 and M.A. Degree in the year Nov.
1990 to the petitioner and settle all the consequential monetary benefits payable to the
petitioner within a stipulated time as fixed by this Honourable Court (W.P.No.39227 of
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2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year May 1992 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39228 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year Dec.1987 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39229 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year Dec.1989 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39230 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year Dec.1986 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39231 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year Dec.1999 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39232 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year May 1992 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39233 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year May 1992 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39234 of 2016);
– directing the respondents to consider and pass orders on the petitioners M.Ed. Degree
in the year May 1999 (W.P.No.39235 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year May 1996 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
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Court (W.P.No.39808 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year April 1990 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39809 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year Feb. 1993 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39810 of 2016);
– directing the respondents to sanction third incentive incrementfor acquiring M.Phil.
Degree in the year May 2009 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39811 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Phil.
Degree in the year 1997 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39812 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Phil.
Degree in the year May 2008 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39813 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year Dec. 1992 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39814 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year 1989 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39815 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year Dec 1989 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39816 of 2016);
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– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year May 1994 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39817 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year June 1991 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39818 of 2016);
– calling for the records of the fourth respondent in his proceedings Nil dated 01.02.2017
and quash the same and direct the respondents to sanction incentive increments for
acquiring M.Phil qualification in the cadre of PG Assistant by extending the benefits of
the GO MS (D) No.209 and G.O.Ms.(2D) No.15 School Education Department dated
08.07.2010 and 28.03.2013 issued by the first respondent (W.P.No.3430 of 2017);
– to call for the records pertaining to impugned order passed by the 3rd respondent in
A.Thi.Mu.No.311/Aa1/2017 dated 4.2.2017 and quash the same as illegal and
consequently direct the respondents to sanction 3rd incentive increment for possessing
M.Phil degree to the petitioner, in the light of the orders of this Court in W.P.(MD)
No.14215/2015 dated 10.8.2015, W.P.(MD)No.2395/2015 dated 24.2.2015 and
W.P.No.9200 of 2011 and in the light of G.O.Ms. (2D) No.15 School Education (J)
Department dated 28.3.2013 (W.P.No.4644 of 2017);
– directing the respondents to sanction incentive increment for the petitioner from the
date of acquiring M.Phil Degree with arrears of salary with interest within a time frame
to be fixed by this Honourable Court (W.P.No.11841 of 2017);
– directing the 3rd respondent herein to sanction incentive increment for the period for
possessing M.Phil. Qualification by extending the be benefits of the G.O.Ms.No.209
and G.O. Ms.No.15 School Education Department dated 08.07.2010 and 28.03.2013
respectively issued by the 1st respondent and also in the light of the order passed by
this Honourable Court in W.A.(MD)No.426 of 2008 dated 07.06.2008, W.P.
No.5704 of 2007 dated 19.08.2009, W.P.No.9200 of 2011 dated 12.04.2011 and
W.P.(MD) No.11802 to 11806 of 2013 dated 24.07.2013 within the time frame that
may be stipulated by this Honourable Court (W.P.No.21404 of 2017);
– calling for the records relating to the impugned proceedings issued by the 3rd
respondent Assistant Elementary Educational Officer in Sey.Mu.No.1875/A1/2014
dated 29.6.2017 (Cancelling the incentive increment sanctioned to the petitioner and
further directing the petitioner to repay the two advance incentive increments already
paid w.e.f. 18.1.2013 for acquiring the additional qualification of M.Phil Degree)
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quash the same and further direct the respondents herein to continue to pay salary of
the petitioner with third incentive increment which the petitioner had been drawing
since 18.1.2013 with all attendant benefits (W.P.No.28426 of 2017);
– directing the respondents to sanction and grant 3rd incentive increment to the petitioner
for acquiring M.Ed. Degree and fix the scale of pay accordingly and pay the arrears
from June 1991 the date on which the petitioner had acquired M.Ed Degree
(W.P.No.2401 of 2018);
– to call for the records pertaining to the order passed by the 1st respondent in Letter No.
31192/Nee.Va.1(2)/2016-4 dated 14.9.2017 and to quash the same as illegal,
incompetent and ultra vires and consequently direct the respondents to pay the 3rd
incentive for the additional education qualification acquired by the petitioner in the
light of the G.O.Ms.(2D) No.15 dated 28.3.2013 (W.P.No.2678 of 2018);
– directing the respondents to consider the petitioner representation dated 29.11.2018 to
sanction the 3rd incentive increment to the petitioner from the date of acquiring P.hd
degree within a time frame to be fixed by this Honourable Court (W.P.No.21789 of
2019);
– directing the respondents to consider the petitioner representation dated 29.11.2018 to
sanction the 3rd incentive increment to the petitioner from the date of acquiring P.hd
degree within a time frame to be fixed by this Honourable Court (W.P.No.21792 of
2019);
– directing the respondents to consider the petitioner representation dated 29.11.2018 to
sanction the 3rd incentive increment to the petitioner from the date of acquiring P.hd
degree within a time frame to be fixed by this Honourable Court (W.P.No.21795 of
2019);
– calling for the records pertaining to the impugned order dated 29.06.2021 in
Na.Ka.No. 3906/AA1/2021 passed by the 3rd respondent and quash the same as illegal
and arbitrary consequently direct the respondents to sanction the third incentive
increments to the petitioner from the date of acquiring Ph.D in Education
(W.P.No.23475 of 2021);
– calling for the records pertaining to the order passed by the 3rd respondent in
Ne.The.Mu.1819/A1/14 dated 14.11.2014 and quash the same as illegal and
consequently direct the respondents to sanction 3rd incentive increment for possessing
M.A., from 05.06.2002 to the petitioner in the light of the order of this Hon'ble Court
dated 20.12.2007 in W.P.(MD)No.2528 of 2007, order dated 12.04.2011 in
W.P.No.9200 of 2011, order dated 05.07.2013 in W.P.(MD) Nos.7291 of 2011 batch,
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order dated 24.07.2013 in W.P.(MD) Nos.11802 of 2013 and batch, order dated
18.09.2014 in W.A.(MD)No.867 of 2014 and in the light of G.O.Ms.No.17, School
Education Department dated 08.01.2008, G.O.Ms.No.209, School Education
Department dated 08.07.2010 and G.O.(2D) No.15, School Education Department
dated 28.03.2013 (W.P.(MD)No.19425 of 2014).
For Review Applicants/
Appellants :: Mr.Haja Nazirudeen
Additional Advocate General
assisted by Mrs.Mythreye Chandru
Special Government Pleader
for the State
Mr.G.Mutharasu,
Mr.M.Vittal Kumar for
private appellants
For Respondents/
Writ Petitioners :: Mr.S.Kamadevan, Mr.G.Sankaran,
Mr.P.Ganesan for
M/s C.S.Associates
Mr.S.Vijayan,
Mr.LN.V.Kasinatha Bharathi,
Mr.R.Suresh,
Mr.A.Mathiyazhagan
Mr.R.Saseetharan,
Mr.P.Arunachalam,
Mr.R.Nalliyappan, Mr.S.Mani,
Mr.G.Punniyakotti,
Mr.R.Gopinath,
Mr.Sai Giridhar, Mr.R.Jayaprakash,
Mr.V.R.Rajasekaran,
Mr.S.Nedunchizhiyan,
Mr.L.Chandrakumar,
Ms.Jasmine Padma,
M/s A.Arul Mary,
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Mr.F.B.Benjamin George,
Mr.K.R.Gunashekar,
Mr.M.Venkatakrishnan,
Mr.V.Thirupathi,
Mr.S.Thanka Sivan,
Mr.S.Praveen Kumar,
Mr.M.Venkadeshan,
M/s Isaac Chambers,
Mr.A.Rajendiran,
Mr.M.Vijay Anand,
Mr.A.Arulvadivel @ Sekar
Mr.S.Xavier Raniji,
Mr.V.Panneerselvam,
Mr.S.Chellapandian,
Mr.C.Jeganathan,
Mr.M.Mohanasundaram,
Mr.L.Rajah
Mr.C.Venkatesh Kumar for
M/s Ajmal Associates
JUDGMENT
T.RAJA, J.
Due to a cleavage in the judicial opinion between two Division Benches, namely, one Division Bench in W.A.(MD) Nos.701 and 769 of 2015 etc., dated 15.07.2015 (The Director of School Education and others v. S.Amalraj) holding that a teacher is entitled to a third set of incentive increment on account of acquiring higher qualification and another Division 56/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch Bench in W.A.No.1664 of 2016 dated 29.06.2018 (The Director of School Education and others v. V.Dhanapal) taking a contra view that during the entire tenure of a teacher's service, as per the policy decision of the Government, a teacher shall be granted only with two incentive increments, equivalent to four advance increments, and, therefore, as a matter of right, a teacher cannot claim the third set of incentive increment, the Hon'ble First Bench, in its order dated 03.03.2020, has referred the matter for consideration by a larger Bench and that is how this Full Bench has been called upon to answer the reference on the following question:
“Whether a teacher is entitled to a third incentive increment on account of acquiring an M.Phil qualification or not?”
2. Since we have been called upon to answer the reference on the aforementioned question, as a prelude, for the sake of convenience, the facts giving rise to the filing of the Writ Appeal No.3956 of 2019 by the State are briefly narrated in this order. Mr.K.Balasubramanian, the respondent in W.A.No.3956 of 2019 (writ petitioner) was appointed as a Secondary Grade Teacher on 12.01.1989. He was awarded advance increments twice for 57/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch having acquired higher qualification of M.Com. and B.Ed. Subsequently, he was promoted as B.T. Assistant and on 27.07.2006, he was again promoted as P.G. Assistant (Commerce). While so, in the year 2007, since he passed M.Phil, he sent a representation to the authorities seeking the third set of incentive increment for acquiring the M.Phil., qualification, in the light of the judgment of this Court in W.A.No.426 of 2008 granting the third incentive increment to similarly placed persons. It was further averred that pursuant to the said judgment of this Court, the Government had also issued orders awarding the third incentive increment to one Kasikani, Latha Devi and others. However, since no orders were passed on his representation, he filed the Writ Petition No.31690 of 2013 for a mandamus to direct the respondents therein to award the third incentive increment to the writ petitioner for having acquired the higher qualification of M.Phil w.e.f. 1.7.2007 and confer all consequential benefits. The learned single Judge, holding that the issue is covered by the Division Bench judgment of this Court in W.A.Nos.2604 to 2606 of 1999 and the order dated 24.07.2013 in W.P.(MD) Nos.11802 to 11806 of 2013 and the order dated 24.03.2009 in W.P.No.42299 of 2006 and the said orders were also implemented by 58/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch issuance of G.O.(2D) No.15, School Education (J) Department, dated 28.03.2013, disposed of the writ petition by directing the first respondent therein to award the third incentive increment to the writ petitioner for acquiring the higher qualification of M.Phil w.e.f. 1.7.2007, by passing appropriate orders on the writ petitioner's representation dated 19.10.2013, on merits and as per law, within a period of twelve weeks from the date of receipt of a copy of the order, giving rise to the filing of the Writ Appeal No.3956 of 2019 by the State.
3. Mr.Haja Nazirudeen, learned Additional Advocate General appearing for the State argued that when the service is rendered by a teacher in a particular cadre, it cannot be interpreted as an independent service from the service of B.T. Assistant or P.G. Assistant or Higher Secondary School. Such an argument advanced on behalf of the teachers is certainly absurd and deserves no consideration, for, the Government do not envisage incentive to any particular cadre alone. Once incentive as a “concession” is being provided by the Government apart from the yearly increment, it remains in the scale of pay even after appointment by transfer as P.G. Assistant. 59/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch Therefore, on being appointed as P.G. Teacher, the service period of a teacher is continuous without interruption and his/her scale of pay implanted with two incentive increments also would be taken into consideration for the purpose of “pension”. Hence, the services rendered in the cadre of P.G. Assistant cannot be construed as a different one. This apart, the Government have also taken a policy decision in G.O.Ms.No.286, School Education Department, dated 28.11.2007, making it clear that “two incentives” (four increments) only may be granted to the teachers for the entire period of their service including the services rendered in the cadre of Secondary Grade Teacher, B.T. Assistant or P.G. Assistant. Thus, the contention of the writ petitioners that they are entitled to get the third set of incentive increment is not sustainable.
4. Per contra, Mr.G.Sankaran, Mr.L.Chandrakumar, Mr.R.Saseetharan, Mr.S.Kamadevan, Mr.P.Ganesan, learned counsels appearing for the respective respondent(s)/writ petitioner(s) contended that the Government of Tamil Nadu, vide G.O.Ms.No.1023, Education, Science & Technology Department, dated 09.12.1993, took a policy decision that a teacher who obtained two sets of advance incentive increments (four 60/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch increments) for B.Ed. and then for M.A., is also entitled for another incentive increment for M.Ed. also, i.e., third set of incentive increment, and the said G.O. further clarifies that the grant of third set of incentive increment is only applicable to the past cases, namely, those who have already obtained the above qualification prior to the date of issue of these orders. It was further argued that as per G.O.Ms.No.747, Finance (PC) Department, dated 18.08.1986, the P.G. Teacher and the Head Masters of Higher Secondary Schools who have acquired M.Ed. degree are eligible for two advance increments. When the writ petitioners acquired the M.Ed/ M.Phil/Ph.D qualification before the issuance of G.O.Ms.Nos.1023 and 1024, dated 09.12.1993, they are entitled to the third incentive increment for having acquired higher qualification.
5. Again taking support from the judgment of the Hon'ble Division Bench of this Court in W.A.No.228 of 2011, dated 09.10.2014, learned counsels argued that the P.G. Assistants are entitled for the third set of incentive increment for having acquired M.Phil/Ph.D qualification, which have been acquired before the limitation imposed in G.O.Ms.Nos.1023 and 1024, dated 09.12.1993. Referring to Section 43 of the Tamil Nadu 61/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch Government Servants (Conditions of Service) Act, 2016, learned counsels argued that when an appointment by recruitment by transfer is made to a class or category in a State Service from among the holders of posts in a Subordinate Service, the post has to be considered as a selection category and therefore, after becoming B.T. Assistant, he/she will be treated as one service, because the Secondary Grade Teacher and B.T. Assistant are governed by the Special Rules for Tamil Nadu Elementary Education Subordinate Service Rules, whereas the appointment of P.G. Assistant is governed by the Special Rules for Tamil Nadu Higher Secondary Education Subordinate Service Rules. Therefore, according to them, since the two sets of incentive increments were granted while serving as Secondary Grade Teacher and B.T. Assistant, there is nothing wrong in granting the third incentive increment while serving as P.G. Assistant for having acquired M.Phil/M.Ed., qualification, because, their conditions of service are governed by the Special Rules for Tamil Nadu Higher Secondary Education Subordinate Service Rules.
6. Further, referring to Section 3 of the Tamil Nadu Government 62/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch Servants (Conditions of Service) Act, 2016, learned counsels argued that “appointed by transfer” means appointment of a member of a service from one category to another category in the same service carrying identical levels of pay. Therefore, he contended that when B.T. Assistants are appointed by transfer as P.G. Assistants, they belong to a different service, hence, award of incentive increment cannot be construed as third incentive increment. Referring to the judgment of the Division Bench in W.A.Nos.2604 to 2606 of 1999, etc. batch, dated 20.06.2006, learned counsels argued that this Court has already upheld the granting of third set of incentive increment to the P.G. Assistants. Pursuant to the said judgment of the Division Bench, the Government issued G.O.Ms.No.194, School Education (E2) Department, dated 10.10.2006, granting third set of increment to P.G. Assistants. Subsequently, when an appeal was preferred, the Hon'ble Apex Court by its order dated 03.12.2007 passed in SLP(Civil) CC.Nos.11536-11544/2007, has confirmed the above said judgment of this Court. Therefore, when the Government have accepted the grant of third set of incentive increment to P.G. Assistants for having acquired the higher qualification, the same cannot be now refused by the Education Department. Therefore, reference before 63/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch the Larger Bench is unnecessary, he pleaded.
7. The learned counsels appearing for the other writ petitioners also advanced their arguments on similar lines.
8. Heard learned Additional Advocate General appearing for the State and the learned counsels appearing for the writ petitioner(s) and perused the materials available on record.
9. In order to encourage the school teachers to acquire additional/higher qualification for the purpose of providing qualitative education to the student community, the Government introduced the concept of grant of advance incentive increments to the teachers working in the Elementary or Middle Schools in the post of Secondary Grade Teacher; in the High Schools in the post of B.T.Assistant and in the Higher Secondary Schools in the post of P.G.Assistant. The teachers working in the Elementary and Middle Schools are governed by the Special Rules for Tamil Nadu Elementary Education Subordinate Service Rules. Similarly, the teachers 64/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch working in the High Schools are governed by the Special Rules for Tamil Nadu School Education Subordinate Service Rules and the teachers working in the Higher Secondary Schools are governed by the Special Rules for Tamil Nadu Higher Secondary Education Subordinate Service Rules. Originally, G.O.Ms.No.42, School Education Department, dated 10.01.1969 was issued, accepting the proposal of the Director of School Education, to grant incentive increment to the teachers working in the schools, namely, elementary, middle, high or higher secondary for acquiring higher educational qualification, because, at the relevant point of time, all the schools were coming under the umbrella of Directorate of School Education. Subsequently, in order to ensure effective superintendence and control, the Directorate of School Education was bifurcated into Directorate of Elementary Education, Directorate of High School and Higher Secondary School Education. As per para (ii) of the Annexure to the said G.O., a Secondary Grade Teacher after passing B.Ed., Degree examination qualifies for M.A., or M.Sc., or M.Ed., Degree while working in Secondary Grade post, may be given additional increment for the second time also i.e., two advance increments after passing B.T., or B.Ed., Degree and another two 65/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch increments after passing M.A., or M.Ed. Similarly, the B.T. Teachers after passing M.A., or M.Sc., qualifies for M.Ed., Degree while working in B.T. Assistant or Headmaster post are also given two advance increments for the second time also i.e., two advance increments after passing M.Ed., Degree. Thereafter, based on the recommendations of the One Man Committee to extend the scheme of incentive increment for additional qualification to the P.G.Teachers and Headmasters of Higher Secondary Schools, the Government issued G.O.Ms.No.747, Finance (PC) Department dated 18.08.1986 ordering that the P.G.Teachers and Headmasters of Higher Secondary Schools who possess or acquire Post Graduate qualification i.e., M.Ed. Degree shall be granted two advance increments in the scale of pay admissible to them, in addition to their normal annual increments. The said G.O., also specifically stated that such of the teachers/Headmasters who have already availed themselves of the incentive increments for M.Ed., qualification under the existing scheme of incentive to teachers for acquiring higher qualification, are not eligible to draw the incentive increment sanctioned in that order.
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10. When the real intention of the incentive scheme as envisaged in the Annexure to G.O.Ms.No.42, School Education Department, dated 10.01.1969 is to sanction two incentive increments i.e., four advance increments only to a teacher for acquiring higher qualification, the Government, although sanctioned the fifth and sixth increments in a particular case, namely, that the Secondary Grade Teachers who got two advance increments for B.T., or B.Ed., qualification in the Secondary Grade posts and then two advance increments for M.A., or M.Sc., qualification in the post of B.T.Assistant shall be eligible for two more advance increments if they have already obtained the M.Ed., qualification in the post of B.T.Assistant, based on the orders passed by this Court in W.P.No.5191 of 1986 dated 21.10.1986 and also extended the said benefit to similarly placed persons with a rider that this concession would be admissible only to past cases i.e., to those teachers who have already obtained the above qualification prior to the date of issuance of the G.O.Ms.No.1023, Education, Science and Technology Department dated 09.12.1993 and also made it clear that in future, the maximum number of advance increments admissible to a teacher for obtaining higher qualification shall be four only, 67/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch thought it fit to bring in the amendment to the G.O.Ms.No.42, Education dated 10.01.1969 on the very same day, as a necessary corollary, issued the G.O.Ms.No.1024, Education, Science and Technology Department dated 09.12.1993. For better understanding, the said G.O., is extracted hereunder:-
“GOVERNMENT OF TAMIL NADU ABSTRACT Education Incentive Increment to teachers in schools for acquiring higher educational qualification – Admissibility of number of incentive increments – Amendment – issued.
EDUCATION SCIENCE & TECHNOLOGY DEPARTMENT
G.O.Ms.No.1024 Dated : 09.12.1993
READ
1. G.O.Ms.No.42, Education dated 10.01.1969
2. Govt.Letter Ms.No.590, Education dated 29.03.1976
3. G.O.Ms.No.746, Education dated 30.06.1989.
4. G.O.Ms.No.1023, Education dated 09.11.1993.
ORDER:
In the G.O.first read above, Government have issued orders sanctioning incentive increments to teachers for acquiring higher qualification. As per the above orders read with the Government letter second read above, the maximum number of advance increments admissible to a teacher is four. However, in a particular case who got two increments while working as Secondary Grade Teacher and then after promotion as B.T.Assistant and passed M.A., and then M.Ed., qualifications the High Court has passed orders allowing 5th and 6th increments. In its order dated 21.10.1986, in W.P.No.5191 of 1986, the High 68/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch Court has held as follows:-
“There is no dispute G.O.Ms.No.42, Education dated
10.01.1969, must apparently govern the question of award of the two incentive increments for the petitioner acquiring M.Ed., degree from 1976. But what is put against the petitioner in letter G.O.Ms.No.590, Education dated 29.03.1976, where a limitation is prescribed that there could be only four advance increments for acquiring higher qualifications. Certainly this letter cannot override the Government Order referred to above practically the order refers to and relies upon this letter alone and that is not permissible. Accordingly, the writ petition is allowed.”
2). Government have examined the need for allowing the 5th and 6th increment to persons placed in similar circumstances and issuing fresh orders setting out the fact of the admissibility of increments to future cases separately and accordingly orders were issued in the G.O.fourth read above. In para 5 in G.O.s, first and third read above will be issued separately.
3). Government now issue the following amendments to the G.O.first and third above.
(i) In the annexure to G.O.Ms.No.42, Education dated 10.01.1969, for paragraph (ii), the following paragraph shall be substituted, namely:
(ii) A Secondary Grade Teacher who has passed B.T or B.Ed., degree examination and obtained two advance increments shall be eligible for another two advance increments for passing M.A., M.Sc., or M.Ed degree while working either in the Secondary Grade post or in the B.T./B.Ed., Assistant post. A B.T. Teacher who after passing M.A., or M.Sc., and obtained two advance increments shall be eligible for another two advance increments is qualified M.Ed., degree while working in B.T 69/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch Assistant post or Headmaster post.
(ii) a) The maximum number of advance increments which a Teacher can get got under the scheme of incentive increments under this Government Order shall be four in his entire service.
(2) In G.O.Ms.No.746, Education, dated 30.06.1989, for paragraph 4, the following paragraph shall be substituted, namely:-
(3) The Government have considered the orders of the High Court referred to in para 3 above and the request of Thiru V.Asirvatham to allow two more advance increments to him for acquiring M.Ed., Qualification.
(4). These orders shall take effect from the date of issue.
(5). This order issues with the concurrence of Finance Department vide its U.O.No.84674/Educaiton.93-1 dated 14.10.1993.
(By Order of the Governor) JAYANTHI Secretary to Government”
11. By the aforementioned Government Order, it was clearly indicated that the maximum number of advance increments which a teacher could get under the scheme of incentive increments, shall be four in his/her entire service. When the maximum number of the advance increments which a teacher can get under the scheme of incentive increments under the aforesaid Government Order shall be four in his/her entire service, the writ petitioners 70/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch cannot make a claim that they are entitled for the third set of incentive increment, taking advantage of the earlier G.O.Ms.No.746, Education dated 30.06.1989 allowing two more advance increments to one P.Asirvatham for acquring M.Ed., qualification, as an exceptional case, in terms of the order passed by this Court. Similarly, the Post Graduate Teachers who possess higher qualification of M.Phil/Ph.D/P.G.D.T.E., cannot contend that they are also entitled to the third set of incentive increment by placing reliance upon G.O.Ms.No.1170, Education, Science and Technology Department dated 20.12.1993 and G.O.Ms.No.194, School Education (E2) Department dated 10.10.2006 that they have acquired the higher qualification, because, the Government, taking a policy decision, has issued the G.O.Ms.No.285, School Education Department dated 28.11.2007, that only two incentives (four increments) only may be granted to the teachers for the entire period of their service. The said Government Order reads as follows:-
“GOVERNMENT OF TAMILNADU Abstract School Education – Award of second incentive increment to Headmasters of Higher Secondary Schools with higher qualification (M.Phil/PhD/PGDTE) – Orders issued School Education Department 71/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch G.O.Ms.No.285 Dated 28.11.2007 Read:
1. G.O.Ms.No.42 Education dated 10.01.1969.
2. G.O.Ms.No.747 Finance (PC) Dated 18.08.1986.
3. G.O.Ms.No.1170 Education Science and Technology Department dated 20.12.1993.
4. G.O.Ms.No.194 School Education Department dated 10.10.2006
5. Letter of Director of School Education No.105833/K2/2006 dated 23.11.2006.
Order:
On the basis of the G.O.first read above, it has been ordered to allow two incentives to Teachers for acquiring higher qualifications during the entire period of their service.
2. For Post Graduate Teachers and Headmasters of Higher Secondary schools, in the G.O. second read above, one incentive has been allowed for their higher qualification of M.Ed from 01.04.1986.
3. As per G.O. third read above, it was ordered that Post Graduate Teachers may be granted one incentive (two increments) if they possess higher qualifications such as M.Phil/Ph.D/PGDTE as on 01.03.1993.
Later an amendment was issued to G.O.Ms.No.1170 Education Science and Technology Department dated 20.12.1993 deleting the stipulated date 01.03.1993 and enabling all the Post Graduate Teachers to get the benefit, in the G.O.fourth read above.
4. The State President of Tamil Nadu Higher Secondary School 72/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch Headmasters' Association has made a representation that the Tamil Nadu Government has ordered to grant to the Post Graduate Teachers working in Higher Secondary Schools one incentive for higher qualifications such as M.Phil/Ph.D/PGDTE and the same benefit may also be extended to the Headmasters of Higher Secondary Schools who had worked as Post Graduate Teachers in Higher Secondary Schools in earlier period and while all the categories of teachers are getting two incentives, the Headmasters of Higher Secondary schools alone are getting only one incentive and if such benefit is denied, a situation will arise where teachers will be drawing Higher Basic pay than the Headmasters.
5. The opinion of the Director of School Education was sought regarding the demand of the Headmasters of Higher Secondary Schools. The Director of School Education has recommended to the Government that while serving as Post Graduate Teachers only one incentive was granted for M.Ed qualification and after being promoted to Headmaster post, a second incentive may be allowed to those Headmasters who passed M.Phil/Ph.D/ PGDTE.
6. As per the policy decision of the Government, two incentives (four increments) only may be granted to the teachers for the entire period of their service and hence, accepting the above recommendation of the Director of School Education, for the Headmasters who got only one incentive for M.Ed qualification during his service as Post Graduate Teachers and promoted to the Headmaster post and after the promotion as Headmasters, on acquiring M.Phil/Ph.D/PGDTE qualification allowing a second incentive to such Headmasters from the date of the issue of this G.O.is ordered.
7. This order is issued with the concurrence of Finance Department vide its G.O.No.76645/Education 11/2007 dated 28.11.2007.
73/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch (By Order of the Governor) Sd/- Secretary to Government”
12. A perusal of the above order puts the issue beyond pale of doubt that as per the policy of the Government, a teacher for the entire period of his/her service shall be granted two incentives (four increments) only. Therefore, there cannot be any dispute regarding the fact that a Secondary Grade Teacher or B.T.Assistant or Post Graduate Teacher during the entire period of service as a teacher, is entitled to get only two incentive increments. Taking note of the same only, the Division Bench in W.A.No.1664 of 2016 dated 29.06.2018 (The Director of School Education and others v. V.Dhanapal) has categorically held that the acquisition of an M.Phil. qualification does not entitle a teacher for a third incentive increment, in view of G.O.Ms.No.1024, Education, Science and Technology Department, dated 09.12.1993 restricting the number of incentive increments to two and therefore, any teacher is not entitled to a third incentive increment. For better understanding, paragraphs 5 to 7 thereof are extracted hereunder:-
74/81
https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch “5. Mr.K.Karthikeyan, learned Government Advocate would contend that in view of G.O.Ms.No.1024 dated 09.12.1993, which restricts the maximum number of incentive increments to two and in view of the fact that the respondent had already been granted two incentive increments, which is equivalent to four advance increments, the respondent will not be entitled to any further incentive increment during the period of his service.
A copy of the said G.O. dated 09.12.1993 has been produced before us, the relevant portion of the G.O. reads as follows:
“The maximum number of advance increments which a Teacher can get under the Scheme of incentive increments under this Government Order shall be four in his entire service”. (one incentive increment is equivalent to two advance increments). The said position was clarified by the Government in G.O.Ms.285, School 75/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch Education Department dated 28.11.2007, which reads as follows:
“As per the policy decision of the Government, two incentives (four increments) only may be granted to the teachers for the entire period of their service and hence, accepting the above recommendation of the Director of School Education, for the Headmasters who got only one incentive for M.Ed. qualification during his service as Post Graduate Teachers and promoted to the Headmaster Post and after the promotion as Headmasters, on acquiring M.Phil/Ph.D/PGDTE qualification allowing a second incentive to such Headmasters from the date of the issue of this G.O. is ordered.”
6. Of course, the respondent in his affidavit filed in support of the Writ Petition has referred to certain Government Orders as well as the Orders of this Court granting a third set of incentive increments to certain teachers. The said Government Orders have also been produced before us by the 76/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch learned Government Advocate, those Government orders have been passed in particular cases, considering the peculiar circumstances of the case and the fact that the higher qualification in those cases are obtained, before 09.12.1993, i.e. the date on which the first G.O. i.e. G.O.Ms.No.1023 was passed restricting the number of incentive increments to a maximum of two, during the service of the teacher. Therefore, we do not think that those Government Orders which have been passed taking note of certain special circumstances could be taken as precedents to enable the respondent to claim an incentive increment, which he would not be entitled to otherwise.
7. The policy decision of the Government has been consistent to the effect that the teachers who acquire higher qualifications can be granted two incentive increments equivalent to four advance 77/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch increments, during the entire tenure of their service.
There is no dispute regarding the fact that the respondent has been awarded two incentive increments for acquiring B.Ed. and M.A. qualifications. Therefore, he cannot, as a matter of right, claim the third set of incentive increments for having obtained M.Phil qualification. We are therefore, unable to sustain the order of the learned Single Judge directing payment of third incentive increment to the respondent.”
13. In the light of the above, we are of the considered opinion that the view taken by the Division Bench in W.A.No.1664 of 2016 dated 29.06.2018 (The Director of School Education and others v. V.Dhanapal) that a teacher shall be granted only with two incentive increments, equivalent to four advance increments, for the entire period of his/her service, holds good and the view taken by the Division Bench in W.A.(MD) Nos.701 and 769 of 2015 etc., dated 15.07.2015 (The Director of School Education and 78/81 https://www.mhc.tn.gov.in/judis W.A.Nos.3674 of 2019 etc.,batch others v. S.Amalraj) and the view taken by another Division Bench in W.A.(MD) No.867 of 2014 dated 18.09.2014 (The Director of School Education and another v. N.Balasoundari and another) that a teacher is entitled to the third set of incentive increment, cannot be said to be a good law. We answer the reference accordingly.
Registry is directed to post the matters before the appropriate roster Bench for disposal of the respective cases on merit.
Speaking/Non speaking order (T.R.,J.) (M.K.K.S.,J.) (M.G.R.,J.)
Index : yes/no 29.04.2022
ss
79/81
https://www.mhc.tn.gov.in/judis
W.A.Nos.3674 of 2019 etc.,batch
To
1. The Secretary to Government
School Education Department
Fort St George, Secretariat
Chennai 600 009
2. The Director of School Education
DPI Campus, College Road
Chennai 600 006
80/81
https://www.mhc.tn.gov.in/judis
W.A.Nos.3674 of 2019 etc.,batch
T.RAJA, J.
K.KALYANASUNDARAM, J.
and
M.GOVINDARAJ, J.
ss
Judgment in
W.A.Nos.3674 of 2019 etc.batch
29.04.2022
81/81
https://www.mhc.tn.gov.in/judis