The Madurai Bench dismissed a writ petition filed by a school teacher seeking a third incentive increment for acquiring an M.Ed degree, holding that Government policy restricts such increments to a maximum of two.
The Writ Petition seeking issuance of a writ of Certiorari or Mandamus to sanction a third incentive increment was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.11.2018
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.(MD) No.220 of 2015
K.Thambithurai ... Petitioner
vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the third respondent in Na.Ka.No.2553/2014-A1 dated 09.10.2014 and quash the same and consequently direct the respondents to sanction the third incentive increment to the petitioner from the date of acquiring the M.Ed degree within a time frame.
For Petitioner : Mr.V.Sasikumar For Respondents : Mrs.S.Srimathy
Special Government Pleader
O R D E R
Heard the learned counsel for the writ petitioner.
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increments have given to her based on the High Court judgment. The petitioner herein seeks parity and requested this Court to issue writ of certiorarified mandamus quashing the order of the District Educational Officer , Tirunelveli rejecting his claim for third incentive increment.
Sd/-
Assistant Registrar (Records)
/True Copy/
Sub Assistant Registrar (CS-IV)
To:
AAV
TE/BK/SAR-4 : 26/12/2018 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/
W.P.(MD) No.220 of 2015
12.11.2018
2 issues framed by the court
Whether a school teacher working as Head Master can claim a third incentive increment for obtaining an M.Ed degree when Government orders restrict increments to two.
Whether the Court can modify the Government policy which limits incentive increments to a maximum of two.
Colour shows how this judgement treated each authority
Judgment of the Honourable Division Bench of this CourtFollowed¶21
W.A.No.1664 of 2016 dated 29.06.2018
K.Thambithurai
The Secretary to the Government of Tamil Nadu, School Education Department
The Director of School Education
The Chief Educational Officer, Thanjavur
The District Educational Officer, Pattukottai
DR.JUSTICE G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
