K P VELAYUDHAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) WRIT Petition praying to issue a Writ of Certiorarified Mandamus calling for the entire records leading to the issue of G. O. Ms. No. 1023 Education, Science and Technology Department dated 9-12-1993 on the file of the first respondent and the consequential proceedings of second respondent O. Mu. No. 5746/aa2/96 dated 5-8-1996 and quash the same and direct the respondents 1 to 3 to grant two advance incentive increments from 2-1-1987 for acquiring higher qualification in M. Ed. of Rs. 60 + Rs. 60 = Rs. 120/- from 2-1-1987 with back wages and attendant benefits therein.

(2.) TODAY, when the above matter was taken up for consideration, on a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be seen that the petitioner, who was working as B. T. Assistant from 13-10-1995 in the third respondent's School was sanctioned two advance incentive increments in April 1981 of Rs. 20/- + Rs. 20/- = Rs. 40/- for possessing the additional higher qualification; that for completing M. A. in May 1984, the petitioner was sanctioned two advance incentive increments in March 1985 of Rs. 20/- + Rs. 25/- = Rs. 45/-; that subsequently, the petitioner completed M. Ed. , for which, he is entitled to get two advance incentive increments as per G. O. Ms. No. 42 Education Department dated 10-1-1969; that by a letter No. 590 Education Department dated 29-3-1976, a limitation of only four advance increments for acquiring higher qualification was prescribed, which was challenged before this Court in W. P. No. 5191 of 1980; that the said Writ Petition was allowed, thereby, the petitioner therein was given the 5th and 6th incentive increments for passing M. Ed. ; that amending the above mentioned G. O. , the Government issued G. O. Ms. Nos. 1023 and 1024, Education Science and Technology Department dated 9-12-1993; that according to G. O. Ms. No. 1023 dated 9-12-1993 in future the maximum number of advance increments admissible to a teacher for obtaining higher qualification shall be four only; that for the letter of the third respondent dated 13-5-1996, the second respondent by his impugned letter dated 5-8-1996 Mu. Mu. No. 5746/aa2/96 has replied stating that the petitioner is not entitled to the 5th and 6th incentive increments, even though, he had M. Ed. Qualification on the date of G. O. Ms. No. 1023, dated 9-12-1993 as he was not working as B. T. Assistant; that having aggrieved, the petitioner has come forward to file the above Writ Petition praying for the relief extracted supra.

(3.) THE learned counsel for the petitioner would submit that the petitioner has completed B. Ed. , even while he was serving as Secondary Grade Assistant and even though he was eligible to be promoted as B. T. Assistant, for want of vacancy, he was not promoted till 13-10-1995 and therefore, he should not be denied and deprived of getting the two advance incentive increments for passing M. Ed. and alleging that the G. O. No. 1023 dated 9-12-1993 is arbitrary and illegal, as it prescribes, that a person should be working as B. T. Assistant, while obtaining the higher qualification of M. Ed. for getting the two incentive increments and would pray to strike down the said G. O. and to grant him two incentive increments from the date, he passed the M. Ed. Examination viz. , 2. 1. 1987 with arrears and back wages.