R.LATHA BANU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The issues involved in these writ petitions are one and the same, hence they are taken up together, heard and disposed of by this common order.

(2.) The brief facts of the case as stated in W.P.(MD).No.6837 of 2018 is that the writ petitioner was appointed as Secondary Grade Teacher in Elementary Education Department on 19/8/1988. The petitioner acquired qualification of B.Lit., in the year 2002 based on the said qualification the petitioner was promoted as Primary School Headmaster on 30/12/2004, then promoted as Tamil Pandit on 5/11/2007. Subsequently, the petitioner was promoted as Middle School Headmaster on 2/6/2008. Thereafter, the petitioner acquired the qualification of B.Ed., degree in the year 2010. The petitioner was granted incentive increment for having acquired B.Ed., Degree as per G.O.Ms.No.42, Education Department, dtd. 10/1/1969. Thereafter the first respondent has issued a Government Letter dtd. 10/10/2017 by stating that the Teacher appointed as Tamil Pandit based on B.Lit., qualification, thereafter, promoted to the post of Middle School Headmaster is not entitled for any incentive increment for qualifying B.Ed. Degree. The first respondent's order was directed to be implemented by the second respondent vide his communication dtd. 8/11/2017. Consequently, the fourth respondent issued order of recovery, dtd. 19/1/2018, thereby cancelling the order of sanctioning incentive increment for acquiring B.Ed., degree and also the second respondent, dtd. 8/11/2017, thereby implemented the first respondent's order.

(3.) The contention of the petitioner is that the Secondary Grade Teacher on acquiring B.Lit., degree is eligible to be promoted as Primary School Headmaster or Tamil Pandit or B.T. Assistant (Tamil) as well as to the post of Middle School Headmaster. Whenever B.Ed. Degree is acquired, it is considered as additional qualification for the Teacher who were promoted based on the B.Lit., degree and he is eligible for the grant of incentive increment. As per the orders passed by the Government in G.O.Ms.No.107, dtd. 20/1/1976, it is directed that the Tamil Pandit Grade - I, who is not required to possess B.T. for initial appointment and Grade - II Tamil Pandit, to be allowed two increments as incentive increments for acquiring qualification of B.Lit., and B.Ed., degree. Accordingly, the Tamil Pandit is eligible for grant of incentive increment for acquiring qualification of B.Ed. The Secondary Grade Teacher qualified with B.Lit., is also eligible for promotion to the post of Middle School Headmaster as per G.O.Ms.No.1297, dtd. 21/7/1979, in which event the B.Ed., qualification acquired by the petitioner working in the post of Middle School Headmaster become an additional qualification, thereby he was made eligible for incentive increment on par with the Tamil Pandit. As clarified by the proceedings of Director of Elementary Education issued in O.Mu.No.15623/B19/90/ dtd. 7/6/1991. Accordingly, when B.Lit., being eligible to the promotion to the post of Tamil Pandit as well as to the post of Middle School Headmaster, a Teacher promoted to the post of Tamil Pandit or Middle School Headmaster acquired B.Ed., degree, which is additional qualification, is granted incentive increment for the same. However, the respondent vide proceedings, dtd. 10/10/2017, has declined to grant incentive increment for acquiring B.Ed., Degree. Aggrieved over the same the petitioner has filed this writ petition.