R MOHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner was qualified for appointment to the post of B.T. Assistant. However, he was selected and appointed as Secondary Grade Teacher on 1.6.1988. Admittedly, he had the qualification of a pass in B.Ed. Degree which is higher than the qualification prescribed for appointment to the post of Secondary Grade Teacher.

(2.) CONSIDERING the higher educational qualifications possessed by the petitioner, he was granted incentive increments, taking analogy from various Government Orders, entitling Secondary Grade teachers to have incentive increments upon acquiring higher educational qualifications.

(3.) UNDER G.O.Ms.No. 42, Education Department dated 10.1.1969, the Government for the first time approved the proposal of the Director of School Education for the grant of advance increment to various categories of Teachers. Paragraphs 1 and 2 of the said Government Order reads as follows : "The Government have already accepted in principle the incentive payments and awards should be given to the teachers in schools who acquire higher educational qualifications. The Director of School Education has accordingly submitted proposals as indicated in Annexure to this order. 2. The Government approve of the proposals of the Director of School Education and direct that advance increments be granted to them, as indicated in the Annexure.