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The Assistant Director Of Elementary ... vs V.Appavoo on 26 November, 2018

5. The issue is no longer res integra, in view of the decision of the Division Bench in W.A.No.1664 of 2016, dated 29 June, 2018 [The Director of School Education, DPI Campus, College Road, Chennai-600 006 and two others vs. V.Dhanapal]. The Division Bench made the legal position clear that there cannot be a right to claim the third set of incentive increment for obtaining the M.Phil, qualification after receiving two sets of increments. We are, therefore, of the view that the impugned order directing the appellants to sanction third set of incentive increment to a teacher on attaining the age of superannuation on 31 March, 2002, is factually and legally unsustainable.

State Of Tamil Nadu vs S.Sumathi on 28 November, 2018

5. The Division Bench was pleased to hold that the teacher, who has been awarded two incentive increments for acquiring B.Ed., and M.A., qualifications, cannot, as a matter of right, claim the third set of incentive increments for having obtained M.Phil., qualification. The order in question was passed before the judgment in V.Dhanapal's case. In any case, in the absence of a provision for surrender of benefit, the respondent was not correct in making a claim for additional incentive increment on condition of surrender of increments already received. Since this aspect was not considered by the learned Single Judge, the impugned order is liable to be set aside.

V.Mayalagu vs The Secretary To Government on 10 October, 2022

“12. A perusal of the above order puts the issue beyond pale of doubt that as per the policy of the Government, a teacher for the entire period of his/her service shall be granted two incentives (four increments) only. Therefore, there cannot be any dispute regarding the fact that a Secondary Grade Teacher or B.T.Assistant or Post Graduate Teacher during the entire period of service as a teacher, is entitled to get only two incentive increments. Taking note of the same only, the Division Bench in W.A.No.1664 of 2016 dated 29.06.2018 (The Director of School Education and 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19425 of 2014 others v. V.Dhanapal) has categorically held that the acquisition of an M.Phil. qualification does not entitle a teacher for a third incentive increment, in view of G.O.Ms.No.1024, Education, Science and Technology Department, dated 09.12.1993 restricting the number of incentive increments to two and therefore, any teacher is not entitled to a third incentive increment.”
Madras High Court Cites 3 - Cited by 0 - R Subramanian - Full Document
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