P.ELANGOVAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The writ petitioner was appointed as Secondary Grade Teacher and promoted to the post of Elementary School Headmaster.

(2.) Thereafter, the writ petitioner was promoted as Middle School Head Master and granted two incentive increments for possessing the additional educational qualification. However, the claim of the writ petitioner was rejected on the ground that the writ petitioner is not eligible for the additional incentive increments, as the Government order was misinterpreted by the Authorities while granting such incentive increments. In other words, the incentive increments granted to the writ petitioner had been stopped on account of the fact that, the Government order does not permit grant of incentive increment to the writ petitioners. In this regard, this Court has adjudicated the entire issues with reference to the qualification of B.Lit as well as B.Ed and an order was passed in WP.Nos.56 to 58 and 3898 & 3899 of 2018 dated 20.09.2018. The case of the writ petitioner is also akin to that of the case decided by this Court on 29.08.2018.

(3.) The learned Government Advocate appearing on behalf of the respondents states that as per G.O.Ms.No.107 Education Department dated 20.01.1976, the writ petitioners are not entitled for any further increments. This Court is of an opinion that a teacher on acquisition of higher qualifications is entitled for two incentive increments amounting to four increments in as per the scheme. The grant of incentive increments is required to be granted on all the teachers on acquisition of higher educational qualification. The issue in this regard has been elaborately dealt with by this Court in batch of writ petitions in W.P.No.6408 of 2014 dated 20.08.2018, and the relevant paragraphs are extracted hereunder. 3.The entire case of the writ petitioner rest on the ground that the similarly placed persons, who served in the promotional cadre of P.G.Assistant were sanctioned with the third incentive increment on acquisition of higher qualification of M.Phil., Degree. Thus, the same benefit is to be extended to the writ petitioner also.