Madras High Court
R.Jeeva vs / on 4 December, 2019
Author: M.S.Ramesh
Bench: M.S.Ramesh
W.P.(MD)No.16574 and 16576 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD)Nos.16574 and 16576 of 2019
R.Jeeva ... Petitioner in W.P.(MD)No.16574 of 2019
P.Uthaya Chandrika ... Petitioner in W.P.(MD)No.16576 of 2019
/vs./
1.The District Elementary Educational Officer,
Karur, Karur District.
2.The Additional Assistant Elementary Educational Officer,
K.Paramathi Union, Karur District. ... Respondents
COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, calling for the records
relating to proceedings in A.T.Mu.No.1616/A2/2018 and A.T.Mu.No.
1615/A2/2018 both dated 13.11.2018 of the 2nd respondent herein and
quash the same and consequently direct the respondents herein to award
incentive increment for B.Ed., degree with effect from the date of passing of
the said degree to the petitioner herein with attended benefits.
For Petitioner : Mr.T.Pon Ramkumar (in both WPs)
For Respondents : Mr.A.Thiagarajan
Government Advocate (in both WPs)
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W.P.(MD)No.16574 and 16576 of 2019
COMMON ORDER
The facts of the cases are as follows:
(i) Petitioner in W.P.(MD)No.16574 of 2019, namely, R.Jeeva, who was initially appointed as Secondary Grade Teacher had obtained B.lit., degree in the year 2002. she was further promoted as Middle School Headmistress. Thereafter, she had obtained M.A., degree and had also completed B.Ed., degree in the year 2011 and 2014 respectively. For her M.A., degree, the petitioner was granted first incentive increment. Since B.lit., degree is a basic qualification for promotion as Middle School Headmistress, acquisition of B.Ed., degree is an additional qualification. On the strength of the same, the petitioner is now claiming second incentive increment for B.Ed., degree, which came to be rejected on 13.11.2018 stating that acquiring of B.Ed., degree after getting promotion on the strength of the B.Lit., degree cannot be considered as per the Rules and therefore she is not entitled for second incentive increment.
(ii) Petitioner in W.P.(MD)No.16576 of 2019, namely, P.Uthaya Chandrika, who was initially appointed as Secondary Grade Teacher had 2/9 http://www.judis.nic.in W.P.(MD)No.16574 and 16576 of 2019 obtained B.lit., degree in the year 2015. she was further promoted as Middle School Headmistress. Thereafter, she had obtained M.A., degree and had also completed B.Ed., degree in the year 2018. For her M.A., degree, the petitioner was granted first incentive increment. Since B.lit., degree is a basic qualification for promotion as Middle School Headmistress, acquisition of B.Ed., degree is an additional qualification. On the strength of the same, the petitioner is now claiming second incentive increment for B.Ed., degree, which came to be rejected on 13.11.2018 stating that acquiring of B.Ed., degree after getting promotion on the strength of the B.Lit., degree cannot be considered as per the Rules and therefore she is not entitled for second incentive increment.
2. Learned Government Advocate submitted that in view of the proceedings of the Director of Elementary School Education dated 11.08.2016 in Na.Ka.No.012605/E1/2015, the petitioner would not be entitled for incentive increment. He also reiterated the other Government Orders (GOs) by relying upon the statements made in the counter affidavit filed by the respondents and submitted that there was no infirmity in the impugned rejection.
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3. I have given careful consideration to the submissions made by respective counsel.
4. An identical issue with regard to eligibility to claim incentive increment on acquisition of B.Ed., degree came up for consideration before this Court in W.A.(MD)No.435 of 2017. By a judgment dated 25.04.2017 in W.A.(MD)No.435 of 2017, the Hon'ble Division Bench had held that in view of the clarifications issued by the Director of Elementary School Education, the Teachers would be entitled for incentive increment on acquisition of B.Ed., degree qualification. The relevant portion of the judgment is as follows:
'4. The undisputed fact is that the appellant/writ petitioner initially possessed B.Lit., qualification and based on the said qualification, she was appointed as Middle School Headmaster on 17.06.2001.
Subsequently, the appellant/writ petitioner with a view to improve her career acquired B.Ed., qualification on
05.01.2012. On acquisition of such higher qualification, the appellant/writ petitioner requested the Department to sanction one increment for having acquired such qualification. This request was considered favourably and by proceedings dated 29.09.2014, the fourth respondent sanctioned one increment for acquiring B.Ed., qualification and the same was given effect from 24.01.2011. This benefit, which the petitioner had been enjoying over five years, was abruptly cancelled by order dated 30.11.2016, which was impugned in the writ petition.
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5. When the writ petition was heard before the learned Single Judge, the learned Judge did not go into the question as to whether the appellant/writ petitioner is entitled for the incentive increment and as to whether B.Ed., qualification was a higher qualification than the qualification required for the post in which she was functioning to receive salary on the basis that any excess payment made to the appellant/writ petitioner can be recovered within five years on account of an undertaking furnished by the appellant/writ petitioner.
6. We are not in agreement with the learned Single Judge in rendering such finding. What was required to be considered is as to whether the appellant/writ petitioner is entitled for the incentive increment. Therefore, we are inclined to consider that point in this appeal. To take a decision on the matter, we need not labour much to determine the issue as a clear stand as to who would be entitled for incentive increment has been taken by the Department. When information was called for on what is the required qualification for being posted as Middle School Headmaster, one of the candidates received a reply under the Right to Information Act vide reply dated 16.02.2012 from the office of the Director of Elementary Education stating that there is no necessity for possessing B.Ed., qualification for being posted as Middle School Headmaster and B.Lit., degree is sufficient to post a person as a Middle School Headmaster. The operative portion of reply given under the Right to Information Act is quoted herein below:
“ 1. jkpH;ehL bjhlf;ff; fy;tp ,af;Feh;> brd;id-6 e.f.vz;. 24356/o1/2005 ehs;.24.11.2006d; go jkpH;ehL bjhlf;ff; fy;tp rhh;epiyg; gs;sp tpjpfs; (murhiz) epiy vz; 1383y; btspaplg;gl;lit tpjp 6(b)(1) y; eLepiyg;gs;sp jiyikahrphpah; gzpaplq;fSf;F tiuaWf;fg;l;Ls;s fy;tpj; jFjpfspy; gp.ypl; gl;lk; bgw;wth;fSf;F eLepiyg; gs;sp jiyikahrphpah;fshfg; gjtp cah;t[ tHq;f tHptif bra;ag;gl;Ls;sjhy; gp.vl; gl;lk; njitapy;iy.
2. ehkf;fy; khtl;lj; bjhlf;ff; fy;tp mYtyhpd; x.K.vz;
2005/m2/2009 ehs; 03.06.09 d; gj;jp 2d; go gp.ypl; gl;lk; bgw;W gzpahw;Wgth;fS;fF gp.vl; njh;r;rpf;F Cf;f Cjpa cah;t[ bgw jFjp cz;L.” 5/9 http://www.judis.nic.in W.P.(MD)No.16574 and 16576 of 2019
7. Furthermore we find that in somewhat a similar case pertaining to a Tamil Pandit, Thiru.S.Samuthirakani who was appointed that as Middle School Headmaster and subsequently claimed for incentive increment on acquisition of B.Ed., qualification. Clarification was sought for from the Director of School Education as to whether the said increment can be granted and if already granted, whether it has to be stopped. The Director of Educational Education by proceedings dated 07.06.1991 clarified that the post of Middle School Headmaster is a higher post than that of a Tamil Pandit, having a higher basic pay and therefore, there is no necessity for stopping the increment granted to the said Headmaster Thiru.S.Samuthirakani. This clarification would also be applicable to the facts of the case of the appellant/writ petitioner.
8. Thus in the light of the clarification issued, it is clear that B.Ed., qualification is not a required qualification for being posted as Middle School Headmaster and in such circumstances acquisition of B.Ed., while holding in the post of Middle School Headmaster has to be considered as higher qualification and therefore, the Department was right in passing the order dated 29.09.2014 granting incentive increment to the appellant/writ petitioner with effect from 24.01.2011. Further we find that before passing the impugned proceedings dated 30.11.2016, the appellant/writ petitioner was not put on notice and there was no opportunity granted to the appellant/writ petitioner to put forth her case. Under such circumstances, normally this Court would have remanded the matter for fresh consideration to comply with the requirements of principles of natural justice. However, in this case, we take departure from the said procedure on account of the fact that it is clear from the clarification issued by the Director of Elementary School Education as well as from the information furnished under the Right to Information Act that the appellant/writ petitioner is entitled for the incentive 6/9 http://www.judis.nic.in W.P.(MD)No.16574 and 16576 of 2019 increment on acquisition of B.Ed., qualification. Therefore, we are inclined to interfere with the order passed in the writ petition and consequently the order passed by the third respondent dated 30.11.2016.'
5. The above judgment is self explanatory. In view of the pronouncement of the above judgment in identical circumstances, this Court is of the view that the petitioner is also entitled for the award of incentive increment from the date when the petitioner had passed B.Ed., degree.
6. In the light of the above observations, orders dated 13.11.2018 passed in A.T.Mu.No.1616/A2/2018 and A.T.Mu.No.1615/A2/2018 on the file of the 2nd respondent are set aside. Consequently, there shall be a direction to the respondents herein to award incentive increment to the petitioner from the date on which she had acquired her B.Ed., degree together with all attendant benefits. This Writ Petition is allowed accordingly. No costs.
04.12.2019 Index : Yes / No Internet : Yes / No sm 7/9 http://www.judis.nic.in W.P.(MD)No.16574 and 16576 of 2019 8/9 http://www.judis.nic.in W.P.(MD)No.16574 and 16576 of 2019 M.S.RAMESH, J.
Sm To
1.The District Elementary Educational Officer, Karur, Karur District.
2.The Additional Assistant Elementary Educational Officer, K.Paramathi Union, Karur District.
Common Order made in W.P.(MD)Nos.16574 and 16576 of 2019 Dated:
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