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9.In this regard, the learned Additional Government Pleader would rely
upon paragraph No.4 of the counter affidavit filed by the third respondent in
W.P(MD)No.17434 of 2014 which reads thus:-
?4.It is submitted that the Government have instructed in their letter
No.590, Education Department dated 20.03.1976 that in the case of teachers
who got already four advance increments (two incentive increments) for
acquiring higher qualifications, the question of sanctioning further advance
increments to them either in the old scale of pay or in the revised scale of
pay does not arise if any made, such amounts may be recovered. Again in
letter No.14705/E2/97-19 dated 31.05.2000, the Government have ordered that
all the categories of teachers will be given only two incentive increments in
their entire service period and there is no need to revise the stand of the
Government further more. It is also submitted that the Government in their
orders, G.O.Ms.No.1023 Education, Science and Technology Department dated
09.12.1993 have specifically informed that in future, the maximum number of
advance increments admissible to a teacher for obtaining higher
qualifications under the orders shall be four only (two incentive
increments).?
?6.According to the District Educational Officer, Paramakudi, second
appellant herein, as per the G.O.Ms.No.42, Education Department, dated
10.01.1969, the Writ Petitioner was awarded with two incentive increments
each for B.Ed., and M.A. As per G.O.Ms.No.1024, Education, Science and
Technology Department, dated 09.12.1993, the maximum number of advance
increments, which a Teacher can get under the scheme, is four, in his/her
entire service. Therefore, the second appellant has submitted that four
advance increments (two incentive increments) were already given to the writ
petitioner, and therefore, she is not eligible for the third incentive
increment.?
15.In view of the said pronouncement of a Division Bench of this Court,
the objection raised by the respondents that the petitioner since has already
acquired higher qualification, for which she had already obtained two advance
incentive increment, and therefore she would not be entitled to get further
advance incentive increment, as the maximum incentive increment can be only
two sets i.e., first and second increment, cannot be a acceptable argument,
as the issue has been well settled by the said decision of the Division Bench
of this Court.
16.In so far as the further argument of the learned Additional
Government Pleader that the two Government Orders, namely G.O.Ms.No.1170,
Education Department dated 20.12.1993 as well as G.O.Ms.No.194, School
Education Department dated 10.10.2006 would not be made applicable to the
case of the petitioner is concerned, even such objection in the opinion of
this Court, may not be sustainable because in the two judgments relied on by
the petitioner's side all these issues have been exhaustively discussed and
decided. In a case of a Physical Education Teacher, the issue of grant of
advance incentive increment for acquiring higher qualification has also been
considered and decided in favour of the Teacher concerned. Also, a Tamil
Pandit, as well as B.T Teacher has been considered for grant of advance
incentive increment for acquiring higher qualification. Therefore the said
argument that the relevant Government Orders namely G.O.Ms.No.1170, Education
Department dated 20.12.1993 as well as G.O.Ms.No.194, School Education
Department dated 10.10.2006, would not be made applicable to the case of the
petitioner is concerned, is also liable to be rejected as without the aid of
the said Government Orders the petitioner can independently claim the third
set of advance incentive increment for acquiring the higher qualification,
namely, M.Ed., degree. The only aid that the petitioner can take it from
G.O.Ms.No.194, School Education Department dated 10.10.2006 is that the
hurdle created in G.O.Ms.No.1170, Education Department dated 20.12.1993 by
putting a cut of date 01.03.1993 since has been removed or deleted by
G.O.Ms.No.194, School Education Department dated 10.10.2006, at paragraph
No.4. Therefore on that score it cannot be said that only on the strength of
G.O.Ms.No.1170, Education Department dated 20.12.1993 as well as
G.O.Ms.No.194, School Education Department dated 10.10.2006 alone the
petitioner is claiming her advance incentive increment for acquiring the
qualification of M.Ed., as a third set of incentive increment. Therefore all
the contentions raised by the respondents' side, since has been covered by
the said decisions of this Court, as has been referred to above, are liable
to be rejected. Therefore, accordingly they are rejected.