A VELU Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) THIS Writ Petition has been focussed to call for the records of the third respondent in Aathimu No. 123/a1/2003 dated 12. 12. 2003 and to quash the same and further to direct the respondents to continue to pay the incentive increments with effect from October, 1995 to the petitioner.

(2.) HEARD both sides.

(3.) A re'sume' of facts which are absolutely necessary and germane for the disposal of this Writ Petition would run thus: the Writ petitioner herein, presently a retired head master, who worked in educational Department under Tamil Nadu Government, while he was in service it so happened that he through Correspondence course studied B. Ed. as well as M. A. and got both the degrees. In recognition of his acquisition of academic qualification he was granted two incentive increments vide order dated 29. 03. 1993 of the Assistant Educational Officer, Peravurani, with effect from 16. 11. 1992. However, subsequently, the Assistant Educational Officer, peravurani, vide order dated 16. 10. 1995 cancelled the two incentive increments i. e. 4 increments ordered in his favour on the main ground that the petitioner completed the M. A. degree course and B. Ed. Decree course during one and the same period of time. The petitioner preferred appeal but it was kept in cold storage.