LAWS(MAD)-2019-4-591

A.JOSHUA GNANAPALAM Vs. STATE OF TAMIL NADU

Decided On April 12, 2019
A.Joshua Gnanapalam Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) This petition has been filed to quash the order issued by the third respondent in Na.Ka.No.2141/Aa1/2017 dated 19.01.2018 and the subsequent order issued by the fourth respondent No.Nil dated 01.02.2018 and consequential direction to direct the respondents to sanction incentive increment to the petitioner for acquiring M.Phil degree as per G.O. Ms. No. 1170, Education, Science and Technology Department dated 20.12.1993 from 23.02.2016 onwards with all consequential revision of pension and other payment benefits.

(2.) The writ petitioner initially was appointed as PG Assistant in Chemistry in fourth respondent School a Government Aided School on 17.08.1983 and he was acquired M.Ed. Degree qualification from Annamalai University in the year 1987. Further, he was qualified with M.A. Sociology in the year 1989, thereafter he acquired M.Phil in Sociology in the year 2016.

(3.) The writ petitioner retired from service on attaining the age of superannuation on 30.09.2018 and the writ petitioner acquired M.Phil degree after the retirement. Hence, he made a representation before the respondent for granting of incentive increment. However, the claim was not considered in spite of the representation and the petitioner filed W.P. NO. 23972 of 2017 and this Court passed orders on 06.09.2017 directing the respondents to consider the representation. Consequently, the third respondent issued orders dated 19.01.2018 rejecting the claim for grant of incentive increment by stating that M.Phil degree in Sociology has been deleted from the syllabus for Higher Secondary School and accordingly, he is not entitled.