Madras High Court
M.Mary Joice vs The Director Of Elementary on 9 February, 2023
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.(MD) No.6292 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 24.01.2023
Pronounced on : 09.02.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD) No.6292 of 2020 and
WMP(MD) No.5509 of 2020
M.Mary Joice ... Petitioner
-vs-
1.The Director of Elementary
Education, College Road, Chennai - 6.
2.The District Educational Officer
Thucklay , Kanyakumari District
3.The Block Education Officer
Colachel Block, Kanyakumari District ... Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying
for issuance of Writ of Certiorarified Mandamus to call for the for the
records 1st Respondent herein in Na.Ka.No.017731/E1/2015 dated
24-08-2016 and the consequential order of the 3rd Respondent herein
O.Mu.No.876/E/2019 dated 21-10-2019 and quash the same and
consequently direct the respondents herein to award incentive increments to
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W.P.(MD) No.6292 of 2020
the petitioner for her M.A.(Economics) and B.Ed degree with effect from
date of passing M.A(Economics) and B.Ed degree with all attendant
benefits and privileges.
For Petitioner : Mr.T.Ponramkumar
For Respondents : Mr.S.Shaji Bino
Special Government Pleader
ORDER
When the present writ petition came up for hearing on 22.12.2022, this Court disposed of the same. However, at the time of signing the order, it was brought to my notice that there are certain Government Orders, which clearly show that the Government have taken a different view and the same needs interpretation and hence, the writ petition was once again listed under the caption, ‘for clarification’ on 05.01.2023. Accordingly, the same was listed on 24.01.2023 and order was reserved.
2. Challenging the impugned order of the 1st and 3rd respondents dated 24.08.2016 and 21.10.2019 respectively and for a consequential direction to the respondents herein to award incentive increments to the _________ Page 2 of 17 https://www.mhc.tn.gov.in/judis W.P.(MD) No.6292 of 2020 petitioner for her M.A.(Economics) and B.Ed degree with effect from date of passing M.A(Economics) and B.Ed degree with all attendant benefits and privileges, the petitioner is before this Court with this writ petition.
3.The case of the petitioner is that she was appointed as Secondary Grade Teacher in the year 1997 and at present, she is working in Kadiyapattinam Government Primary school, Thuckalay, Kanyakumari District. Since permission was granted for her to study PG degree in distance education, she completed her M.A (Economics) in the year 2018. As per G.O.Ms.No.42 dated 10.01.1969, the teachers are entitled for incentive increment on acquiring higher qualification. As per G.O.1023 dated 09.12.1993, the Teachers are eligible for incentive increment for the subjects in the higher secondary syllabus in the relevant subjects. As per G.O.No.324 dated 24.05.1995, the Teachers, who have acquired higher qualification in subjects other than higher secondary syllabus, shall not be eligible for any incentive increments. Subsequently writ petitions and writ appeals were filed and by citing G.O.No.324 dated 24.05.1995, the writ appeals were dismissed. Since for classes, V1 to VIII, Economics is one of _________ Page 3 of 17 https://www.mhc.tn.gov.in/judis W.P.(MD) No.6292 of 2020 the branch along with History, Civics and Geography in Social Science subject, for grant of incentive increment, the petitioner approached the respondents by way of representation on 29.08.2019. However, the same has been rejected vide impugned order dated 21.10.2019, challenging the same, the petitioner is before this Court.
4. The learned counsel for the petitioner would submit that when similarly placed persons approached this Court by filing writ petition in W.P.(MD) No.1634 of 2018, this Court has considered the issue elaborately and passed the order in favour of the petitioner therein. Since the petitioner herein is also standing on the same footing, the order (supra) will squarely applicable to the petitioner herein and prays for appropriate directions.
5. The learned Special Government Pleader would submit that the petitioner has acquired MA(Economics), she is teaching only for the Primary school students and Middle School students, ie., from standard 1 to 8 and she is only a Secondary Grade Teacher, who could take classes for standards 1 to 8 alone. When that be so, the acquiring of higher qualification _________ Page 4 of 17 https://www.mhc.tn.gov.in/judis W.P.(MD) No.6292 of 2020 of MA (Economics), which subject has no relevance to the subjects related to standards 1 to 8. It is further contended that the respondents have specifically stated that the Teachers, who have possessed higher qualification in Tamil, English, Maths, Science and Social Science are alone entitled for incentive increments and when the petitioner is handling classes the subject 'social', economics is nothing to do with the same. It is also contended that by virtue of G.O.Ms.No.37 dated 10.03.2020, the Government has taken a policy decision to cancel / dispense with granting of incentive increment for acquiring higher qualification in all Government Departments and hence, no interference is warranted to the impugned order and prays for dismissal.
6. The learned Special Government Pleader brought to the notice of this Court that when similar issue came up for consideration before the Division Bench of this Court in WA(MD) No.910 of 2022, the Division Bench dismissed the writ appeal by judgment dated 24.08.2022. _________ Page 5 of 17 https://www.mhc.tn.gov.in/judis W.P.(MD) No.6292 of 2020
7. This Court gave its anxious consideration to the rival submissions and perused the materials available on record including relevant G.Os.
8. Admittedly, the petitioner was initially appointed as Secondary Grade Teacher and is still continuing in the same post. Subsequently, she has completed BA(Economics) in the year 1990 and MA (Economics) and in the year 2014. It is seen that by virtue of the earlier G.Os., incentive increments were granted to Teachers, who have acquired higher qualification and hence the petitioner also applied to the respondents for grant of incentive increment. However, the same has been rejected on the ground that the Teachers are not entitled for incentive increment for the subjects that are not to be taught in classes 1 to 8 and they are entitled for the incentive increments only if they possessed higher qualification in Tamil, English, Science, Mathematics and Social Science. Since the petitioner herein completed MA (Economics), her incentive increment was rejected.
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9. Reliance has been placed on G.O.Ms.No.907, dated 17.09.1986. The said G.O., imposes certain conditions for the sanction of incentive increment, which reads thus:
“PERSONNEL AND ADMINISTRATIVE REFORMS (FR.II) DEPARTMENT G.O.Ms.No.907 Dated: 17.9.1986 Purattasi 1, Akshaya,Thiruvalluvar Aandu 2017 Read : 1.G.O.Ms.No.843, Personnel and Administrative Reforms (FR.II) Department, dated 5.9.1983.
2.G.O.Ms.No.1159, Personnel and Administrative Reforms (FR.II) Department, dated 21.11.1984 ORDER:
The Fourth Pay Commission examined the scheme of sanction of advance increment for acquiring higher qualifications. It recommended a scheme of ‘Personal Pay’ in the place of advance increment. As far as the Education Department is concerned, it has recommended that the teachers should be made eligible for the incentive increments only for acquiring higher qualifications in the area of their specialisation.
2. Several Service Associations have represented that the present scheme of advance increment may itself be continued instead of the new scheme of personal pay, as recommended by the Fourth Pay Commission. The matter was referred to the One Man Committee. It has recommended that the old scheme of incentive increment may be allowed to continue. However, it has held that the higher qualifications should be relevant to the area of specialization instead of in any subject.
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3. The Government accept the above recommendation of the One Man Committee. Accordingly, they direct that the scheme of incentive increments now in vogue be allowed to continue subject to the modification stipulated below :-
The higher qualification should be with reference to the area of specialization instead of in any subject. For example, Post Graduate Degree in Political Science or Public Administration acquired by a Tamil Pandit serves no purpose. In such cases, incentive increment should not be sanctioned. However, this order does not apply to such cases where incentive increment has already been sanctioned or yet to be sanctioned for qualifications acquired prior to the date of issue of this order.
4.This order takes effect from the date of issue ”.
5.This order issues with the concurrence of the Finance Department-vide its U.O.No.11A/O.S.D./86, dated 12.9.1986.
10. The condition imposed under G.O.Ms.No.907 was clarified and further amplified in G.O.Ms.No.624 Education (E2) Department dated 13.07.1992, under which the following four (4) conditions had been imposed for the grant of incentives:
“a. that the grant of incentive to a teacher for acquiring higher qualification in a particular subject should be on the condition that the teacher should be _________ Page 8 of 17 https://www.mhc.tn.gov.in/judis W.P.(MD) No.6292 of 2020 required to reach the additional subject based upon needs, in addition to his basic subject.
b. The Director of School Education should judge the relevance of the subjects for allowing the grant of incentives to the past cases i.e from 17.09.1986 to 1991-92 and such grant will have only prospective effect.
c. From 1992-93, Sanction of Incentive increment should be with reference to developing areas of study and subjects where teacher's shortage has been identified. The special subject for which higher qualification would become eligible or incentive shall be identified by the Director of School Education.
d. In future physical Education Teacher incentive increment will be only in the area of Physical Education the Director of School Education will identify the relevant Courses.
11. The view taken by the Government in G.O.Ms.Nos.907 and 624 dated 13.07.1992 and 25.04.2005 respectively came to be pointed out and objected to by various teachers associations, wherein they urge that the State re-consider its view with regard to the conditions imposed. Even otherwise, very many subjects that are covered in secondary school syllabus may not have courses of specialization in Under Graduate or Post Graduate level such as geography and civics.
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12. As a result of the representations filed, the State has, and rightly, reversed the conditions imposed under the aforesaid orders and this reversal found place in G.O.Ms.No.324, Education Science and Technology Department (E2), dated 25.04.2005. The history and narration of this issue and the relief granted by the State has been captured in G.O.Nos.324 to the following effect:
“EDUCATION SCIENCE AND TECHNOLOGY DEPARTMENT (E2) G.O.Ms.No.324 Date: 25.04.2005 Order:
1. The scheme for the grant of incentives to teachers for acquiring higher qualification was introduced in the G.O. first and above. It provided for grant of incentives (equivalent to 2 increments) acquiring higher qualification in any degree courses of study referred to therein. On the basis of this GO.vVarious Orders were issued for the grant of incentives to different categories of teachers in the references second to fifth read above
2. The Government in the GO sixth read above have issued orders based on the recommendations of the Fourth Pay Commissioner that the higher qualification for the purpose of grant of incentives should be with reference to the area of Specialization, instead of in any subject. As the above orders led to a lot of representations by the Various Teacher Association Government issued the orders in G.O.Ms.No.624 Education dated 13.07.1992, introducing the following four conditions for grant of incentives:
(Refer para No.9) _________ Page 10 of 17 https://www.mhc.tn.gov.in/judis W.P.(MD) No.6292 of 2020
13. Thus, from the above, it is clear that as per G.O.907, the teachers are entitled for incentive increment only if they acquire the higher qualification in a particular subject and it should be on the condition that the teacher should be required to reach the additional subject based upon needs, in addition to his basic subject.
14. With regard to G.O.Ms.No.324, the Government has clarified that for sanction of incentive increment, higher secondary subjects shall be deemed as relevant subjects. Even this G.O. is presumed to be applicable to the petitioner, for the simple reason that the subject acquired by the petitioner has no relevancy for teaching classes 1 to 8, the petitioner is not entitled to incentive increment.
15. As rightly pointed out by the learned Special Government Pleader, when the very same issue came before the Division Bench in the writ appeal (supra), it is held as follows:
“12. In the G.O.Ms.No.37 it has been _________ Page 11 of 17 https://www.mhc.tn.gov.in/judis W.P.(MD) No.6292 of 2020 categorically stated that no incentive increment will be granted for higher educational qualification. The G.O. also states that this G.O. is also applicable to those have acquired higher educational qualification prior to the issuance of G.O. Under Clause 6(vi) it has been stated that if no order is passed by the administrative department, then the said candidate would not be eligible for the increment. In the present case the government has not issued any government order against G.O.Ms.No.155 and cancelled the conditions imposed therein. Hence the petitioner is not entitled to incentive increment as per G.O.Ms.No.37.
13. The appellant submitted that the object of granting incentive increment is to lift the morale of the teachers. But the government states that the object of granting incentive increment is to encourage the Teachers to qualify themselves, so that their qualification would be beneficial to the students. In the present case the petitioner was working as Secondary Grade Teacher taking class for students from 1 to 5 standards and the qualification of M.Sc. Physics would not be beneficial to the students studying in the standards 1 to 5. Therefore, the Government is right in _________ Page 12 of 17 https://www.mhc.tn.gov.in/judis W.P.(MD) No.6292 of 2020 denying the incentive increment for higher qualifications when the higher qualification is not beneficial for the students studying in 1 to 5 standards.
14. The issue of incentive increment ought to be addressed in a different perspective. The claim of the Teachers is granting incentive increment would boost their morale and the same ought to be granted.
However, the Government is finding it difficult, since huge amount is spent as salary to the Teachers and other Government employees. The Government may consider the incentive increment as a one-time measurement or token amount. It need not be added in the salary, which grows along with the time scale. It is pertinent to state that the Central Government is granting one time lump sum amount i.e. as a token amount which will not increase along with the time scale of pay. The government may contemplate to grant as one time token amount.”
16. One more aspect, which needs to be appreciated in this case is that based on the qualification of the petitioner, at the most, she can hold the post of middle school teacher, in which, there will be no scope for taking _________ Page 13 of 17 https://www.mhc.tn.gov.in/judis W.P.(MD) No.6292 of 2020 classes for economics. When that be so, the higher qualification acquired by her is of no relevance. Therefore, the respondents have rightly appreciated the relevant point and rejected the case of the petitioner.
17. It is pertinent to note that the petitioner has filed the writ petition on 21.05.2020. Before filing the writ petition, G.O.Ms.No.37 Personnel and Administrative Reforms (FR-IV) Department, dated 10.03.2020 has been issued and came into effect, wherein the Government has taken a policy decision to cancel / dispense with granting of incentive increment for acquiring higher qualification in all Government Departments, which includes, Education Department also. Even by applying this G.O., the petitioner is not entitled to be considered for incentive increment for the reason that as per Clause (vi) of the said G.O., it has been clarified that the Government servants who have acquired higher qualification prior to issue of this G.O. and not sanctioned with advance increments, be examined separately as per the previous orders issued, if any, by the administrative department concerned and with reference to the posts specified in that order and if he is otherwise qualified. Hence, the petitioner _________ Page 14 of 17 https://www.mhc.tn.gov.in/judis W.P.(MD) No.6292 of 2020 is not entitled for incentive increment and that the respondents have rightly rejected the case of the petitioner on the ground that the teachers, who have acquired higher qualification in Tamil, English, Maths, Science and Social Science are alone entitled for incentive increments. The petitioner has acquired her degree in MA(Economics), which is obviously other than the aforesaid subjects. Therefore, the rejection order passed by the respondents is perfectly in order and does not require interference at the hands of this Court.
18. For all these reasons, the writ petition fails and the same is dismissed. No costs. Consequently connected Miscellaneous Petition is closed.
09.02.2023
Index : Yes/No
Internet : Yes
RR
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W.P.(MD) No.6292 of 2020
To
1.The Director of Elementary
Education, College Road, Chennai - 6.
2.The District Educational Officer
Thucklay , Kanyakumari District
3.The Block Education Officer
Colachel Block, Kanyakumari District
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W.P.(MD) No.6292 of 2020
M.DHANDAPANI, J.
RR
W.P.(MD) No.6292 of 2020
Pronounced on
09.02.2023
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