State education officials appealed a single judge order awarding a third incentive increment based on M.Phil. qualification. The court followed a prior Division Bench ruling limiting teachers to two such increments and dismissed the writ petition.
Writ petition W.P.No.33669 of 2013 dismissed; order dated 12.12.2013 set aside.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2019
CORUM
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
and
THE HONOURABLE MS.JUSTICE P.T.ASHA
Writ Appeal No.2092 of 2018
and
C.M.P.No.16393 of 2018
1. The Secretary to Government,
Government of Tamilnadu,
School Education Department,
Fort St. George,
Chennai – 600 009.
2. The Director of School Education,
DPI Campus, College Road,
Nungambakkam, Chennai – 600 006.
3. The Chief Educational Officer,
Salem.
4. The Headmaster,
Government Higher Secondary School,
Manjini Attur Taluk,
Salem District. .... Appellants
Vs
R.Ravichandri .... Respondent
APPEAL filed under Clause 15 of the Letters Patent to set aside the order dated 12.12.2013 made in W.P.No.33669 of 2013.
Prayer in W.P.No.33669 of 2013:Writ Petition filed under Article 226 of the Consitution of India praying this Court to issue a Writ of Mandamus directing the Respondents to award third incentive increment to the petitioner for acquiring the higher qualification of M.Phil. with effect from 01.07.2008 and confer all consequential benefits.
For Appellants : Mr.C.Munusamy
Special Government Pleader
For Respondent : No appearance.
J U D G M E N T
(Judgment of the Court was delivered by K.K.SASIDHARAN, J.,)
The respondent filed a writ petition claiming third incentive increment. The learned single Judge issued a Mandamus directing the appellants to consider the representation of the respondent for sanctioning the third incentive increment. Feeling aggrieved by the said order, the appellants have filed these intra Court appeals.
Sd/Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
To
3 issues framed by the court
Whether teachers can claim a third incentive increment as a matter of right for obtaining an M.Phil. qualification.
Whether the single judge order directing the state to consider the representation for a third increment was correct.
Whether the appellants are entitled to succeed on the ground that the issue was covered by a prior Division Bench judgment.
Colour shows how this judgement treated each authority
in W.A.No.1664 of 2016Followed¶17
W.A.No.1664 of 2016
in W.A.No.1664 of 2018Followed¶20
W.A.No.1664 of 2018 (typo for 2016)
Secretary to Government, Government of Tamilnadu, School Education Department
R.Ravichandri
K.K.Sasidharan
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
