The State of Tamil Nadu Vs Amsa — Madras HC (2025) — LawSathi Research

The State of Tamil Nadu Vs Amsa — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal dismissed with no costs; connected miscellaneous petition C.M.P.No.1570 of 2025 closed; clarified that if the petitioner acquired the higher qualification prior to G.O.Ms.No.37 (i.e., on 10.03.2020), she would be entitled to advance increments de hors G.O.Ms.No.37.

Issue for consideration

Whether the claim of the respondent, a secondary grade Teacher who acquired higher qualifications (B.Com., M.Com., B.Ed.), to incentive/advance increments - already partially allowed by the learned single Judge restricted to one advance increment for B.Ed. - is sustainable, the very same issue having been decided in Chief Educational Officer, Salem Vs. M.Menaka Madhavan, and whether entitlement survives G.O.Ms.No.37 dated 10.03.2020.

Court's answer

The writ appeal is dismissed, the question raised being covered by the Division Bench judgment in Chief Educational Officer, Salem Vs. M.Menaka Madhavan dated 03.01.2025; no costs; the connected miscellaneous petition is closed.

Ratio / Principle

It is made clear that if the petitioner acquired the higher qualification prior to G.O.Ms.No.37, i.e., prior to 10.03.2020, the petitioner would be entitled to advance increments de hors G.O.Ms.No.37.

Detailed headnote1 paragraphs

Writ Appeal (Clause 15, Letters Patent) - incentive/advance increments - secondary grade Teacher claiming increments for acquiring B.Com., M.Com. and B.Ed. - learned single Judge partially allowed the claim by order dated 02.07.2024 in W.P.No.4180 of 2020, restricting it to one advance increment for the B.Ed. degree - identical question already decided by a Division Bench of this Court in Chief Educational Officer, Salem Vs. M.Menaka Madhavan (judgment dated 03.01.2025), affirming entitlement to one advance increment for B.Ed. as a higher qualification for a secondary grade Teacher - writ appeal dismissed, no costs; connected C.M.P.No.1570 of 2025 closed - Held: those who acquired the higher qualification prior to G.O.Ms.No.37 (i.e., on 10.03.2020) would be entitled to advance increments de hors G.O.Ms.No.37.

W.A.No. 225 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

W.A.No. 225 of 2025

and

C.M.P.No. 1570 of 2025

The State of Tamil Nadu, Represented by its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George,

Chennai - 600 009.

2.The Director of Elementary Education, DPI Campus, College Road,

Chennai - 600 006.

3.The Chief Educational Officer, Kancheepuram District, Kancheepuram.

4.The District Educational Officer, Sriperumbudur Educational District, Kancheepuram District.

5.The Block Educational Officer, Sriperumbudur Union, Kancheepuram District.

...Appellants

Vs.

Amsa

...Respondent

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Prayer:

W.A.No. 225 of 2025

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 02.07.2024 made in W.P.No.4180 of 2020.

For Appellants : Mr.U.M.Ravichandran Special Government Pleader For Respondent : Mr.P.Murali

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

The claim for incentive increment made by the respondent, who was

appointed as secondary grade Teacher for acquiring bachelors degree in Commerce, post graduate degree in Commerce and B.Ed., was partially allowed, restricting it only to one advance increment for acquisition of B.Ed., Degree.

Similar question came up before a Division Bench of this Court in

Chief Educational Officer, Salem Vs. M.Menaka Madhavan and by judgment dated 03.01.2025, the Division Bench has affirmed the conclusion of the learned single Judge to the effect that the respondent would be entitled to one advance increment for acquisition of B.Ed., degree, which is certainly a higher qualification for a secondary grade Teacher. While doing so in paragraph 7 of the judgment, it observed as follows:-

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W.A.No. 225 of 2025

"7. The said submission does not have any force for the simple reason that the B.Ed. Degree acquired is certainly a higher qualification insofar as a Secondary Grade Teacher is concerned, because the qualification to hold the post of Secondary Grade Teacher is Secondary Grade Teacher Training alone. When that being so, for very long years, the practice of sanctioning advance incentive increment for having acquired the qualification of B.Ed. Degree, which has been in vogue, cannot be put against the respondent/writ petitioner by revoking the benefit already conferred on her."

The very same issue is sought to be agitated in this writ appeal

also. In view of the same, this Writ Appeal is dismissed . No costs. Consequently, connected miscellaneous petition is closed. It is made clear that if the petitioner has acquired higher qualification prior to G.O.Ms.No.37 i.e., on 10.03.2020, the petitioner would be entitled to advance increments de hors G.O.MsNo.37.

(R.S.M., J.) (G.A.M., J.) 17.02.2025

kkn

Index: No Speaking order Neutral Citation : No 3/5

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W.A.No. 225 of 2025

To:

1.The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Fort St. George, Chennai 600 009.

2.The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

3.The Chief Educational Officer, Kancheepuram District, Kancheepuram.

4.The District Educational Officer, Sriperumbudur Educational District, Kancheepuram District.

5.The Block Educational Officer, Sriperumbudur Union, Kancheepuram District.

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W.A.No. 225 of 2025

R.SUBRAMANIAN, J. and G. ARUL MURUGAN, J.

KKN

W.A.No. 225 of 2025 and C.M.P.No. 1570 of 2025

17.02.2025

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