V.S.LALITHA Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned proceedings of the third respondent, dtd. 24/2/2015, cancelling the incentive increments to the petitioner and directing the petitioner to repay the two incentive increments already paid to him for acquiring additional qualification and to direct the respondents to continue to pay salary to the petitioner from the month of February 2015 with two advance incentive increments along with all attendant benefits.

(2.) Heard Mr.Ragatheesh, learned Counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate appearing for the respondents 1 to 3.

(3.) The petitioner was appointed as Secondary Grade Teacher in the fourth respondent School, namely, A.V.D.Higher Secondary School, Ganapathypuram, Kanyakumari District. Even at the time of appointment, the petitioner possessed B.Sc., and B.Ed. Though the minimum prescribed qualification for the post of Secondary Grade Teacher is a Diploma in Teacher Education, the petitioner was appointed with higher qualification with effect from 4/6/1993. It is not disputed that the petitioner's appointment was approved by the first respondent. However, the approval was subject to the following conditions: