Madras High Court
J.Tamilrajan vs The State Of Tamil Nadu on 3 January, 2019
Author: R.Subramanian
Bench: R.Subramanian
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 03.01.2019
CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P(MD)No.4019 of 2018
and
W.M.P(MD).Nos.4195 and 4196 of 2018
J.Tamilrajan ... Petitioner
Vs.
1.The State of Tamil Nadu
Represented by its Secretary
Department of School Education
Fort.St.George, Chennai 600 009
2.The Director of School Education
College Road
Chennai 600 006
3.The Joint Director of School Education
(Secondary Education)
College Road
Chennai 600 006
4.The Chief Educational Officer
Thoothukudi
Thoothukudi District
5.The District Educational Officer
Thoothukudi, Thoothukudi District
http://www.judis.nic.in
2
6.The Secretary
Karapettai Nadar Higher Secondary School
Thoothukudi
Thoothukudi District 628 001 ...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Certiorarified Mandamus to call
for the entire records of the 5th respondent in O.Mu.No.2599/AA2/16
dated 23.08.2016, quash the same and further direct the respondents
herein to sanction two incentive increments to the petitioner
forthwith for possessing additional higher qualification for M.A.,
(History) and B.Ed., degree within a stipulated time.
For Petitioner : Mr.P.Pethu Rajesh
For R1 to R5 : Mrs.S.Srimathi
Special Government Pleader
For R6 :Mr.R.Maheswaran
ORDER
The petitioner was appointed as a Secondary Grade Teacher on 31.05.1989 and upon obtaining B.Lit., qualification in Tamil, the petitioner was promoted as a B.T Assistant on 24.11.2010. In the meantime, the petitioner has completed M.A., History in the year 2007 and B.Ed., degree in the year 2012. The petitioner sought for incentive http://www.judis.nic.in 3 increments for obtaining higher qualifications namely M.A.History and B.Ed. Degree. The said claim was rejected by the competent authority on the ground that the petitioner has not obtained the permission of the head of the department for pursuing the higher education. Hence, the petitioner before this Court, challenging the order of rejection.
2.The fifth respondent has filed a counter affidavit, wherein it is reiterated that since the petitioner has undergone the course without permission of the department, he is not entitled to incentive increments.
3.In W.P(MD).No.1049 of 2012, a learned single Judge of this Court has considered the similar question and has rejected the claim of the department that if the higher education is pursued without consent of the permission of the department, the teacher was not entitled to the incentive increments for obtaining such higher qualification. Following the said Judgment, another learned single Judge of this Court in W.P.No.18086 of 2017 has held that want of http://www.judis.nic.in 4 permission cannot stand in the way of the petitioner being favoured with the incentive increments for having obtained higher qualifications. While doing so, paragraph 7 of the order, this Court has observed as follows:
“ 7.This Court in the unreported decision made in W.P(MD).No. 21895 of 2015 dated 08.12.2015, while considering the claims for conferment of incentive increment for acquiring qualification and the contention that they were acquired without prior permission, held that conferment of incentive increment cannot be denied on that score. Acquiring higher education by the teacher is only for the benefit of students. In that view of the matter, the first ground of opposition stands rejected “
4. In view of the above, the sole ground on which the authorities rejected the claim of the petitioner towards incentive increments fails and the writ petition is liable to succeed. The impugned order of rejection is therefore, quashed. The respondents are directed to sanction the incentive increments to the petitioner for obtaining the higher qualifications namely M.A.History and B.Ed Degree from the date of acquisition of the respective qualifications. The said exercise http://www.judis.nic.in 5 shall be completed within 8 weeks from the date of receipt of a copy of this order.
5.Accordingly, this Writ Petition is allowed. No costs. Consequently, the connected miscellaneous petitions are closed.
03.01.2019
Index : Yes/No
Internet : Yes/No
msa
To
1.The Secretary
State of Tamil Nadu
Department of School Education
Fort.St.George, Chennai 600 009
2.The Director of School Education College Road Chennai 600 006
3.The Joint Director of School Education (Secondary Education) College Road Chennai 600 006
4.The Chief Educational Officer Thoothukudi Thoothukudi District
5.The District Educational Officer Thoothukudi, Thoothukudi District
6.The Secretary Karapettai Nadar Higher Secondary School Thoothukudi Thoothukudi District 628 001 http://www.judis.nic.in 6 R.SUBRAMANIAN.J, msa W.P(MD)No.4019 of 2018 and W.M.P(MD).Nos.4195 and 4196 of 2018 03.01.2019 http://www.judis.nic.in