S SUBRAMANIAN Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER, ASSISTANT ELEMENTARY EDUCATIONAL OFFICER AND SECRETARY, HINDU MIDDLE SCHOOL

JUDGEMENT

(1.) The Petitioner was appointed as Secondary Grade Teacher in the year 1992. When he was appointed as Secondary Grade Teacher he was a graduate and also he was in possession of B.Ed., degree. He obtained M.Ed., degree in the year 1997. After obtaining the same, he was granted incentive increment by an order dated 26.05.1997. Thereafter, he got higher qualification M.A. in the year 1999. After acquiring the said qualification one more increment was granted. While so, based on the audit objection on 10.07.2000, an order dated 19.03.2001 was passed for recovering both the increments given during the year 1997 and 1999. The Petitioner filed W.P. No. 6157 of 2001 questioning the aforesaid proceedings dated 19.03.2001 and this Court dismissed the said writ petition. The Petitioner filed W.A. No. 341 of 2007 and the same was disposed of with a direction to the Respondents to issue notice to the Petitioner with reference to the recoveries to be made and after getting explanation, an order can be passed. Thereafter, an order in December 2007 was passed for recovery of the incentive increments. According to the Petitioner, the said order was passed without hearing him and he filed W.P. No. 608 of 2008 to quash the aforesaid order in proceedings No. Na.Ka. No. 3426/A3/2001, dated 12.2007. The said writ petition was allowed and the first Respondent was directed to pass fresh order after hearing the Petitioner. Now, the first Respondent has passed the impugned order, dated 05.05.2008 that the Petitioner was not entitled to incentive increments and therefore, the recovery of the same is perfect in law. The Petitioner has filed the present writ petition to quash the aforesaid order, dated 05.05.2008.

(2.) No. counter affidavit was filed.

(3.) Heard both sides.