Teacher sought a third incentive increment for acquiring an M.Phil degree after already receiving two increments for B.Sc., B.Ed., and M.Sc. The Division Bench followed the Full Bench ruling that teachers are entitled to only two incentive increments and dismissed the writ appeal.
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.
WA No.2049 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
WA No.2049 of 2022
P.Subramaniam
: Appellant
versus
2.The Head Master Government Girls High School, Padirivedu - Madnapakkam, Gummidipoondi Taluk, Tiruvallur District 601 202. : Respondents
PRAYER: Writ Appeal filed against the order of the learned Single Judge
in WP No.33830 of 2014 dated 20.08.2018.
1/7
WA No.2049 of 2022
For the Appellant :: Ms.S.Suneetha For the Respondents :: Mr.J.C.Durai Raj, Additional Government Pleader
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
The Writ Appeal is filed against the order of the learned Single Judge in WP No.33830 of 2014 dated 20.08.2018.
2.Brief facts of the case:
2.1. The appellant herein was originally appointed to the post of
Secondary Grade Teacher vide proceedings dated 02.08.1997. He was sanctioned two incentive increments for completion of higher qualification of B.Sc., B.Ed., and M.Sc. Degree. He also completed M.Phil., Degree in the year 2008 and subsequently, he was promoted to the post of B.T.Assistant. On completion of his M.Phil., Degree, the appellant made a representation to the respondents for sanctioning third incentive increment for acquiring higher qualification of M.Phil Degree in the cadre of B.T.Assistant. Since no orders were passed, the appellant filed writ petition in WP No.33830 of
2/7
WA No.2049 of 2022
2014 seeking a direction to the respondents to grant him third incentive increment from the date of acquisition of M.Phil Degree. The Writ Court, by order dated 20.08.2018 dismissed the writ petition with the following observations:
'In view of the discussions made in the aforementioned paragraphs, the writ petitioner is not entitled for any such relief in view of the fact that already he had received two incentive increments for possessing higher qualification and further, the present writ petition was filed after a lapse of six years from the date of possessing the M.Phil., degree. Thus, the writ petition is devoid of merits and stands dismissed.'
2.2. Challenging the said order, the appellant has preferred the present
intra court appeal.
3/7
WA No.2049 of 2022
M.Phil Degree. Hence, he seeks to allow the writ appeal.
respondent Department submits that the issue involved in the present writ appeal is squarely covered by a decision of a Full Bench of this Court in writ appeal in WA No.1664 of 2016 dated 29.06.2018, wherein it is held that a teacher would be entitled to only two increments. Following the aforesaid judgment, a Division Bench of this Court, (in which one of us (K.B., J.) is a member of the judgment) in WA No.3603 of 2019 dated 29.08.2023, had allowed the appeal filed by the Department and set aside the order of the learned Single Judge, granting relief to the employee therein. Hence, the appellant herein is also not entitled for the third incentive increment. The relevant portion of the order dated 29.08.2023 made in WA No.3603 of 2019 is extracted hereunder:
'3.Admittedly, in this case the respondent herein has already been granted two incentive increments for possessing higher qualification viz., B.Lit. B.Ed. and M.A. Degree. Even in the affidavit filed in support of the writ petition, he has admittedly sought for the third incentive increment for possessing M.Phil degree.
4/7
WA No.2049 of 2022
4. In view of the admitted fact that the respondent had only sought for third incentive increment, which he is not entitled, in view of the Full Bench Judgment of this Court dated 29.04.2022 made in WA No.3674 of 2022 etc. batch, the order passed by the learned Single Judge would have to be necessarily set aside.'
[D.K.K., J.] [K.B., J.] 04.06.2024
Index : Yes/No Neutral Citation : Yes/No mrn
To
5/7
WA No.2049 of 2022
1.The District Educational Officer Gummidipoondi Taluk, Tiruvallur District, Chennai 601 202.
2.The Head Master Government Girls High School, Padirivedu - Madnapakkam, Gummidipoondi Taluk, Tiruvallur District 601 202.
6/7
WA No.2049 of 2022
D.KRISHNAKUMAR, J. and K.KUMARESH BABU, J.
(mrn)
WA No.2049 of 2022
04.06.2024
7/7
1 issue framed by the court
Is a teacher who already received two incentive increments for higher qualifications entitled to a third increment on acquiring an M.Phil degree?
P.Subramaniam
The District Educational Officer, Gummidipoondi Taluk
The Head Master Government Girls High School, Padirivedu - Madnapakkam
D.Krishnakumar
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
