V THANGAMANI Vs. SECRETARY EDUCATION DEPARTMENT, GOVERNMENT OF TAMIL NADU SECRETARIAT; DIRECTOR OF ELEMENTARY EDUCATION; DISTRICT ELEMENTARY EDUCATIONAL OFFICER AND ASSISTANT ELEMENTARY EDUCATION OFFICER

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) It has been stated that the petitioner had joined as a Secondary Grade Assistant Teacher at Pozhal Panchayat Union Elementary School, Kannampalayam, Villangadupakkam Post, Chennai, on 13.2.1979, and he is continuing in service in the said school. Since he had acquired an M.A.Degree in the year 1993 and B.Ed., degree in the year 1995, he was given certain benefits and privileges, including an incentive increment, with effect from 30.9.1995, like those of the post graduate teachers, who had obtained their qualifications from regular university courses. However, by the impugned order, the second respondent had issued directions to recover the incentive increments, which had been paid to the petitioner, with effect from 30.9.1995, in accordance with the relevant rules applicable to such appointments. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India.

(3.) No reply or counter affidavit has been filed on behalf of the respondents.