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The order of rejection, rejecting the claim of the writ petitioner for grant of incentive increment for acquiring the qualification of M.Phil in Physical Education, is under challenge in the present writ petition. https://www.mhc.tn.gov.in/judis

2. The petitioner states that he is working as Physical Director Grade-I and he acquired the qualification of M.Phil in Physical education. Accordingly, submitted an application for grant of incentive increment. The petitioner was initially sanctioned with the incentive increment and the competent authorities on verification found that there is no Government order to grant incentive increment for M.Phil in Physical Education during the relevant point of time.

[G.O. Issued following B.P.Ed., (or ) B.P. E.s., incentive increment.
                 the Orders of the BM.S.,                           (ii) M. Phil., (or) Ph.D. Degree - 2nd
                 Hon'ble High Court                                 Incentive Increment)
Madras, in W.P. No. 1. (c) Physical Education 15069 of 2016] Teacher (Secondary Grade (i) M.Phil., (or) Ph.D. Degree in Teacher Pay Scale) Physical Education (or) P.G. Diploma in Basic qualification being Yoga – Incentive increments for each M.P.Ed., Degree for any 2 Degree ( maximum 2 incentive increments)
2. (a) Physical Education Director Grade (i) M.P.Ed., (or) M.P.E.S., (or) P.G II (B.T. Assistant Teacher Diploma in Yoga by or equivalent - 1st Pay Scale) incentive increment Basic qualification being B.P./ed., (or) B.P.E.s., (ii) M.Phil., (or) Ph.D. Degree - 2nd B.M.S. Incentive Increment) 2(b) Physical Education Director Grade II (B.T. (i) M. Phil., (or) Ph.D. Degree in Assistant Teacher Pay physical Education (or) P.G. Diploma in Scale) Yoga or equivalent – for any 2 degrees – Basic qualification being 2 incentive increments (maximum 2 M.P. Ed., (or) M.P.E.s., incentive increments.)

10. The learned counsel for the petitioner relied on the judgment of the Hon'ble Division Bench of this Court dated 18.12.2014 in W.A. (MD) No. 131 of 2014, wherein the Hon'ble Division Bench granted the relief of incentive increment in respect of the similar case. However, the Hon'ble Division Bench has not interpreted the scope of the Government Order https://www.mhc.tn.gov.in/judis issued in G.O.Ms.No. 324. In respect of the Government Order issued in G.O.Ms. No. 324 it is unambiguous that it was a clarification issued with reference to the subjects for which the incentive increments to be sanctioned. However, the decree of M.Phil has not been stated in the said Government Order. Contrarily, the clarification was issued in Clause IV that in future Physical Education Teachers incentive increments will be only in the area of physical education and the Director of School Education will identify the relevant courses. 'What are all the relevant courses whether identified or not and incentive increment was sanctioned or not has not been elaborated in the Government Order. However the course of M.Phil was identified subsequently as an eligible decree for grant of incentive increment and the Government issued G.O.Ms. No. 177 dated 13.10.2016. Therefore, the incentive increment for M.Phil decree in Physical Education was sanctioned with effect from 13.10.2016 and the said increment cannot be granted based on the G.O.Ms. No. 324. In respect of the judgment of the Hon'ble Division Bench, this Court is unable to follow the same in view of the fact that the G.O was not interpreted by the Hon'ble Division Bench. In this regard, the principles to be followed are to be considered. The Hon'ble Division Bench of this Court in the case of Director of Sericulture Department vs Kumar reported in 2015 4 CTC 241, held as follows: