S SUBRAMANIAN Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER TIRUNELVELI

JUDGEMENT

(1.) CHALLENGE in this Writ Petition is the Proceedings of the second Respondent dated 10. 07. 2000 and 19. 03. 2001 ordering cancellation of incentive increments to the Petitioner and for recovery of the incentive increment.

(2.) THE Petitioner was appointed as Secondary Grade teacher on the basis of his B. A. , B. Ed. , qualification. Pursuant to G. O. Ms. No. 510 Education department dated 10. 05. 1989, B. Ed. , qualified teachers were appointed in the post of Secondary Grade Teachers. Subsequently, the Petitioner has passed M. Ed. , degree in May 1997 and M. A. Degree in May 1999. For this higher qualifications , he has been sanctioned four incentive increments for M. Ed. , degree w. e. f. 26. 05. 1997 and two incentive increments for M. A. Degree w. e. f. 27. 05. 1999. THE Accountant General has raised objection stating that sanctioning of incentive increments for acquiring higher qualification viz. , m. A. , / M. Ed. , to the Secondary Grade Teachers, those who have been appointed as Secondary Grade Teacher on the basis of B. E d. , qualification was contrary to the Government Order. In view of the objections raised by the Accountant General in Audit Report, the Second Respondent ordered recovery of excess payment made under the irregular sanction of incentive increments which are challenged in this Writ Petition.

(3.) IN view of the aforesaid Government Order and on the basis of the Audit Objection, the Second Respondent has rightly cancelled the incentive increments and ordered recovery. Since the sanction of advance incentive increments was in contravention of the Government Order and there is no wrong in ordering recovery. The grievance of the Petitioner that he was not afforded opportunity has no force.