LAWS(MAD)-2004-9-4

S SHANMUGAM Vs. DIRECTOR OF SCHOOL EDUCATION

Decided On September 29, 2004
S.SHANMUGAM Appellant
V/S
DIRECTOR OF SCHOOL EDUCATION Respondents

JUDGEMENT

(1.) THE above Writ Petition has been filed by the petitioner praying to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent, the District Educational Officer, Tiruvannamalai in R. C. No. 9487/a5/96, dated 21. 11. 1996 and to quash the same consequently direct the respondents to sanction two incentive increments to the petitioner for acquiring M. Ed. Degree qualification on the due date.

(2.) THE case of the petitioner is that he was appointed as Tamil Pandit Grade I in the third respondent school; that thereafter he passed M. A. in the year 1984, B. Ed. , in the year 1985 and M. Ed. in the year 1988; that the Government introduced the scheme of sanctioning incentive increments to the Teachers in order to encourage them to acquire higher educational qualifications which in turn will be useful for the students; that accordingly, the respondents have sanctioned two incentive increments for acquiring M. A. in 1984 and another two incentive increments for acquiring B. Ed. degree in the year 1986; that thereafter, he applied for two more incentive increments for M. Ed. degree to the third respondent on 12. 9. 1996, but his request was rejected by the impugned order on the ground that there are no provisions in the rules for sanctioning third incentive increments. On such averments, the petitioner has come forward to file this writ petition praying for the relief extracted supra.

(3.) IN the counter affidavit filed by the respondents 1 and 2, they would submit that the scheme of incentive increments to the teachers had been introduced by G. O. Ms. SNo. 42, Education dated 10. 1. 1969 and this scheme is limited to two incentive increments to a teacher who possess or acquires in his entire service and do not permit the teachers to get third incentive etc. , during his promotional avenues and acquiring higher qualification particularly this scheme of incentive increment is not attached to the post held by the petitioner.