M. BALASUNDARAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In view of the Government Order in G.O.Ms.No.42 Education Department dtd. 10/1/1969, G.O.Ms.No.1024 School Education Department dtd. 9/12/1993 and G.O.(1D).No.18 School Education Department dtd. 18/1/2013, Secondary Grade Teacher or B.T. Assistant or Post Graduate Teacher would be entitled to get two incentive increments during the entire period of service as a teacher.

(2.) In the instant case, the petitioner herein was awarded with a second incentive increment for having qualified in M.Phil Degree as per G.O.(1D).No.18 dtd. 18/1/2013. Through the impugned Government Letter dtd. 17/7/2013, the respondents have now ordered that the benefits under G.O.(1D).No.18 dtd. 18/1/2013, will only have a prospective effect and therefore, have sought for recovery of the second incentive increment already granted.

(3.) The learned counsel for the petitioner submitted that when the Government Order in G.O.(1D).No.18, provides for grant of second incentive increment for possessing higher educational qualification, the same cannot be taken away by way of clarification through a letter.