GOVERNMENT OF TAMIL NADU Vs. K. MUNIYANDI

JUDGEMENT

(1.) The Writ Appeal has been filed by the Government is directed against the order dated 28.02.2020, in W.P.(MD) No.1020 of 2019, filed by the first respondent herein, who is a Secondary Grade Teacher in the second respondent school, an aided non-minority institution.

(2.) The first respondent prayed for issuance of a Writ of Certiorarified Mandamus to quash G.O.Ms.No.8 School Education (Elementary Education 1(2) Department, 28.04.2017, insofar as the clause refusing monetary benefits from the date of passing higher qualification and to quash the consequential order passed by the third appellant in A1/793/17 dated 26.10.2017, and consequently, to direct the appellants to award incentive increment to the first respondent for his M.Ed. degree with effect from 02.06.2003. In support of his submission, the first respondent/Writ Petitioner has placed reliance on the judgment of the Division Bench of this Court in R.Premkumari v. State of Tamilnadu represented by its Secretary to Government and others , 2008 5 MadLJ 1349 : CDJ 2008 MHC 3188 .

(3.) The appellants resisted the prayer sought for in the Writ Petition, stating that the first respondent had given an undertaking that he will not claim incentive increment. The correctness of the said stand was decided by the learned Writ Court after placing reliance on the judgments of the Division Bench of this Court in R.Premkumari v. State of Tamilnadu represented by its Secretary to Government and others,CDJ 2008 MHC 3188 , in W.A.(MD).Nos.895 of 2013 and 336, 874 and 1190 of 2016, dated 05.03.2018 in the matter of The Director of Elementary Education, Chennai and others v. The Correspondent, St. Joseph Middle School, Devakottai Extension, Sivagangai District and Others and the Judgment in W.A.(MD) No.511 of 2011, dated 27.06.2011, in the case of State of Tamil Nadu v. Louis allowed the Writ Petition and directed the appellants to award incentive increment to the first respondent for acquiring M.Ed., degree. Aggrieved by the same, the appellants are before us by way of this Writ Appeal.