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Showing contexts for: incentive increment in R.Bakthavachalam vs Director Of School Education on 2 September, 2013Matching Fragments
Both the petitioners are working as P.G.Assistants. They are seeking for incentive increment for acquiring M.Phil Degree. They acquired M.Phil Degree after 1.3.1993. According to the petitioners, earlier the Government issued G.O.1170 Education, Science and Technology Department dated 20.12.1993, as per which the P.G.Assistants, who acquired M.Phil Dgree before 1.3.1993 are entitled to incentive increment. The cut off date fixed as 1.3.1993 was subsequently set aside by this Court. Thereafter, the Government issued G.O.Ms.No.194, School Education Department dated 10.10.2006 deleting the cut off date as found in G.O.Ms.No.1170 Education, Science and Technology Department dated 20.12.1993.
2. In the circumstances, the petitioners have sought for sanction of incentive increment for acquiring M.Phil Dgree, while they are working as P.G Assistant.
3. The respondents have filed the counter affidavit refuting the allegations. According to the respondents, the petitioners are not entitled to incentive increment for acquiring M.Phil Degree. It is stated that the petitioners already obtained two advance increments, one at the time when they were serving as B.T.Assistant and the other when they are serving as P.G.Assistant. It is their case that there cannot be any third advance increment.
6. As rightly contended by the learned counsel for the petitioner, the cut off date of 1.3.1993 as prescribed in G.O.Ms.No.1170 was subsequently deleted in G.O.Ms.No.194. Hence, the petitioners are entitled to incentive increment for acquiring M.Phil degree.
7. It is true that the petitioners were granted incentive increment for acquiring P.G.degree during their service as B.T.Assistant. Thereafter, the petitioners obtained M.Ed., Degree while they were serving as Post Graduate Assistant and they were also granted incentive increment for the same. Thereafter, the petitioners acquired M.Phil Degree after 1.3.1993. Their claim for grant of incentive increment was declined on the ground that M.Phil Degree was obtained after 1.3.1993. Now, as stated above, as per G.O.Ms.No.194, even for acquiring M.Phil Degree, that is obtained after 1.3.1993, the Post Graduate Teachers are entitled for incentive increment.
8. Further more, the Division Bench in the judgments, dated 20.6.2006 in W.A.Nos.2604 to 2606 of 1999 and dated 27.6.2008 in W.A.(MD) No.426 of 2008 have categorically held that the third set of advance increment to the Post Graduate Assistant cannot be denied. The following passages found in paragraph 2 of the Division Bench judgment dated 20.6.2006 in W.A.Nos.2604 to 2606 of 1999 etc., batch cases is extracted hereunder:
"2............ Moreover, the learned counsel appearing for the respondents, has produced a copy of the judgment rendered by a Division Bench of this Court in W.A.no.2307 of 1999, wherein, similar issue in regard to payment of incentive increments came up for consideration and after narrating all the relevant G.Os related to payment of incentive increments for acquiring higher qualifications, such M.A., M.Sc., M.Phil, M.Ed., etc., the Bench has ultimately held as under: