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This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 4th respondent herein vide G.O.Ms.No.944, Education (D2) Department, dated 29.07.1989 and consequential proceedings issued by the 2nd respondent District Educational Officer in O.Mu.No.1924/A5/14 dated 08.05.2015, quash the same, and further direct the 2nd respondent herein to sanction two set of incentive increments to the petitioner for acquiring B.Ed degree and M.A. Degree w.e.f. 17.07.2012.

2.The petitioner would submit that she is working as a Secondary http://www.judis.nic.in Grade Teacher in the 3rd respondent school which is a recognised aided private school owned and administered by the R.C. Diocese of Tuticorin. It is a religious minority educational institution in terms of Article 30(1) of the Constitution of India. At the time of her initial appointment, he possessed only Diploma in Teacher Education (D.T.Ed). Thereafter, she acquired higher qualification through the distance education mode viz., B.A. (Tamil), degree in October 1987, M.A (Tamil) degree in April 1995 and B.Ed., in May 2012. She made a representation to the 3rd respondent on 29.01.2015 requesting to sanction two set of incentive increments for obtaining higher qualification viz., B.Ed degree and M.A. degree. On the same day, the school also submitted a proposal to the 2nd respondent for sanction of two set of incentive increments and the 2nd respondent returned the proposal vide proceedings in O.Mu.No.633/A5/15 dated 29.01.2015 to resubmit the proposal along with the prior permission obtained by the petitioner for acquiring those higher qualifications.

6.The 2nd respondent has filed counter affidavit. Learned Additional Government Pleader appearing for the official respondents would submit that as per G.O.Ms.No.944, Education (D2) Department, dated 29.07.1989, prior permission should be obtained from the Director of School Education to join the correspondence courses conducted by the universities. Since the petitioner did not obtain prior permission for acquiring higher qualification, she is not entitled to incentive increment. Further, there is no provision in the Tamil Nadu Recognised Private Schools (Regulation) Act and Rules to grant incentive increment to the teachers working in aided schools. Thus, he would pray that the interference of this Court is not necessary.

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7.Heard the learned counsel for the petitioner as well as the official respondents.

8.The petitioner has challenged G.O.Ms.No.944, Education (D2) Department, dated 29.07.1989 to quash the same and has sought for incentive increment. The learned Additional Government Pleader would contend that since the petitioner has not obtained prior permission before she joined the correspondence course as per the said G.O., she is not entitled to incentive increment.