LAWS(MAD)-2002-12-43

M ARUNAJALATHAI Vs. DIRECTOR OF ELEMENTARY EDUCATION

Decided On December 09, 2002
M.ARUNAJALATHAI Appellant
V/S
DIRECTOR OF ELEMENTARY EDUCATION Respondents

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioner and the Additional Government Pleader for Respondent Nos. 1 to 3.

(2.) In this writ petition, the petitioner has prayed for issue of a writ of certiorarified mandamus to quash the proceedings of the second respondent in Na.Ka.No.778/A5/98 dated 22.04.1998 and the consequential order of the fourth respondent in proceedings No.Nil dated 25.06.1998 and to direct the respondents to sanction two sets of incentive increments to the petitioner for acquiring M.A. and B.Ed., Degrees.

(3.) The petitioner was appointed as Secondary Grade Teacher in the fourth respondent school. Subsequently, he passed M.A. Degree in the year 1994 and B.Ed., in 1996 from Annamalai Open University System. In view of the subsequent acquisition of higher qualifications, the petitioner was sanctioned two sets of incentive increments in June, 1997. The incentive increments amounts had been paid to the petitioner. Subsequently, under the impugned proceedings in Na.Ka.No.778/A5/98 dated 22.04.1998, the second respondent, namely, the District Elementary Educational Officer, cancelled the incentive increments and directed that the incentive increments amounts already paid to the petitioner should be recovered. Pursuant to the aforesaid order, the fourth respondent-Management issued the consequential order dated 25.06.1998 and the amounts were recovered. These actions of respondents 2 and 4 have given rise to the present writ petition.