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20.Now, the question arises, whether the writ petitioner is entitled to claim benefits of incentive increment on par with other similarly placed persons to whom a third incentive increment was http://www.judis.nic.in granted based on the Court orders or by way of certain Government orders.

21.This Court has to consider the prevailing situation in the matter of incentive increments and large number of litigations moved before the Hon'ble High Court for grant of incentive increment by Teachers, by citing one order or the other or the Government orders. Right from the year 1969, the Government of Tamil Nadu has issued various orders then and there in respect of different categories in the Education Department. Whenever the benefit is to be extended to a particular Degree in respect of a cadre, then a separate Government order is issued. In the absence of the consolidated instructions in this regard, the same created greater anomaly in the minds of the implementing authorities. This apart, there is a possibility of misuse and abuse of the scheme itself by some authorities. In some cases, the authorities by wrongly interpreting the G.O., has granted third incentive increment. In some cases, the authorities have granted third incentive increment based on the order of the Court, directing the authorities to consider the representation. In other Batch of cases, the third incentive increments were granted based on the order passed by this Court by suppressing various other Government orders, which states that a Teacher is entitled to two incentive increments in his entire service. Various circumstances made the authorities to commit mistakes after mistakes and thereby caused an inequality and discrimination in respect of the implementation of the concept of incentive increment as per the original scheme introduced by the Government of Tamil Nadu. The scheme, right from the beginning had been implemented with the condition that a Teacher on http://www.judis.nic.in acquisition of higher qualification is entitled to get two incentive increments in his entire service. It is not as if, in every promotional post, he will be get an incentive increment either in the original cadre or in the promotional cadre, totally two incentive increments are permitted for acquiring higher qualification in the entire service. This being the basic condition imposed for grant of incentive increment, the circumstances and the various Government orders issued then and there are absolutely abused by the Teacher's community and they have obtained orders one way or other, either from the Government or from the Courts by suppressing other Government orders, which clearly states that two incentive increments alone is permitted for a Teacher in his entire service.

26.Promotions are granted periodically to the Teachers and based on the availability of vacancies. Under these circumstances, a Teacher cannot claim two incentive increments in one cadre and a third incentive increment in the promotional cadre. Such a concept can never be formulated in any of the Government orders now placed before this Court. Contrarily, the Government orders repeatedly emphasize that a Teacher is entitled to get two incentive increments in his entire service. By misinterpreting the separate Government orders issued for separate categories, the Teachers have taken undue advantage of the special concessional scheme and obtained third incentive increment in an illegal manner and in violation of the very purpose, object and the terms and conditions of the special concessional scheme. Thus, grant of third incentive increments for few Teachers occurred on account of wrong interpretation of the Government orders or by suppressing the other Government orders, which emphasize that a Teacher is entitled to get two incentive increments in his entire service. Thus, the situation arises on account of passing of various separate Government orders mislead the Teachers, who in turn suppressed certain Government orders and obtained third incentive increment http://www.judis.nic.in in violation of the very condition of the scheme. Thus, a Teacher is not entitled for third incentive increment in a promotional cadre and a Teacher is entitled to get only two incentive increments in his entire service.

32.The Hon'ble Division Bench has taken note of the fact that as per Clause 2 of G.O.Ms.No.1024, “the maximum number of advance increments which a Teacher can get under the scheme of incentive increments under this Government Order shall be four in his entire service.” When the Hon'ble Division Bench has taken note of the fact that under the scheme, the incentive increment to be granted and the total number of incentive increment is two. There is no confusion in respect of grant of any further incentive increment to the Teacher on promotion or on transfer to another cadre. Thus, it is clarified even by the Hon'ble Division Bench that a maximum number of advance increments which a Teacher can get under the scheme is two incentive increments amounting to four increments in his entire service. Therefore, on promotion, a Teacher would not be entitled to get third incentive increment and which will amount to an anomaly and the same would create discrimination amongst the class of people, who are working under the same Department. If such incentive increments granted as a http://www.judis.nic.in special scheme is extended beyond its scope, then the same will create lot of confusions and every Teacher will claim that the third incentive increment in each cadre and it will be an unguided one, resulting in great monetary loss to the State Ex-Chequer. The special scheme introduced in this regard is to be followed scrupulously in its terms and conditions and there cannot be any deviation in respect of following the scheme.

33.The excess claim of incentive increments are frequently made by the Teachers working in the Education Department, on account of number of Government orders passed in peace meal in respect of each cadre in the teaching line. The respondents ought to have issued a consolidated instructions, enabling the subordinate authorities to implement the special concessional scheme in its letter and spirit and to fulfill its objectives. Unfortunately, such an exercise has not been done so far by the Government for the past many years and even after witnessing that large number of excessive claims are made by the Teachers periodically and the State suffers financial loss without any justification. Hundreds of writ petitions are filed and in some writ petitions even by obtaining orders to consider the representation, the authorities had granted excessive incentive increments to the Teachers and those implementation, orders are cited as a “Precedent”, enabling these Teachers to get excessive incentive increment over and above the terms and conditions of the scheme itself. Thus, such a situation ought to have been averted by the competent authorities. Thus, this Court is of an opinion that such orders passed by the Government granting third incentive increment to few Teachers can never be followed as a “Precedent” and certainly those orders are denuded to loose its http://www.judis.nic.in status as legal Precedent. Thus, those orders cannot be followed hereafter for the purpose of grant of third incentive increment to the Teachers in the promotional cadre. This apart, certain orders of the Courts, which all are passed based on the particular facts and circumstances, also cannot be followed as a Precedent, so as to continue the relief in all cases without taking note of the Government orders, terms and conditions stipulated therein for the purpose of grant of incentive increments to the Teachers in their services.