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The petitioner has filed this writ petition seeking direction to the respondents to grant incentive increment to the Petitioner as the second incentive increment for the M.Phil qualification with effect from 2016 by ratifying the admission into M.Phil Course.

2. The petitioner was originally appointed as BT Assistant Mathematics with effect from 08.10.2007 and the petitioner probation was declared and the service was regularized. The petitioner is qualified with B.Sc., Maths, B.Ed., and M.Phil. As per the policy of the Government, a teacher is entitled for incentive increment for higher qualification. Accordingly, the petitioner was granted one incentive for B.Ed. along with M.A. and for having completed M.Phil, the petitioner is entitled for one more incentive increment.

6. Heard the learned counsel on either side and perused the materials https://www.mhc.tn.gov.in/judis available on record.

7. It is seen that as per the Government Order in G.O.Ms.No.42, Education Department, dated 10.01.1969, a teacher is entitled to get two incentive increments for acquiring higher qualification. Incentive increment is given to the teachers to encourage them to acquire higher qualification, for the benefit of the students. In the present case, for acquiring B.Ed., along with M.A., one incentive increment was given to the petitioner. The petitioner has acquired M.Phil., degree and the second incentive increment has to be given to the petitioner, however, the same was not given for the reason that the petitioner has not obtained prior permission, before joining the Course. The petitioner has given many representations as early as 16.10.2014, seeking prior permission for joining M.Phil., degree. Since the representation being made, the respondents has not granted the same. Subsequently, the Headmaster of the School vide proceedings dated 17.05.2018 and 22.03.2019, sent a reminder letter to the Chief Educational Officer, Ariyalur District to consider the application dated 16.10.2014 sent by the petitioner, seeking prior permission for joining the M.Phil., course, https://www.mhc.tn.gov.in/judis which is still pending and no permission was granted till date.

11. The above orders and judgment are squarely applicable to the present facts and circumstances of the case, merely because, the petitioner has not obtained prior permission from the Director of School Education for joining the M.Phil., course cannot deny the second incentive increment to the petitioner with effect from 2016.

12. In view of the above factual matrix of the case and the ratio laid down by the Madurai Bench of this Court, this Court is of the considered view that the petitioner is entitled for second incentive increment for obtaining M.Phil degree even without prior approval of the authorities concerned.

13. In the result, this writ petition stands allowed and the respondents https://www.mhc.tn.gov.in/judis are directed to grant incentive increment to the petitioner as the second incentive increment for the M.Phil., qualification with effect from 2016 by ratifying the admission into M.Phil., course. No costs.

05.09.2023 rjr/vm Internet : Yes/No Index : Yes/No Speaking order/Non-speaking order J.SATHYA NARAYANA PRASAD,J.