LAWS(MAD)-2019-7-397

T.JEBARANI Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER

Decided On July 01, 2019
T.Jebarani Appellant
V/S
DISTRICT ELEMENTARY EDUCATIONAL OFFICER Respondents

JUDGEMENT

(1.) The grievance of the writ petitioner is that the third incentive increment claimed by the writ petitioner has been rejected. The scheme of incentive increment was introduced by the Government for the purpose of encouraging the teachers to acquire higher qualifications for the benefit of student studying in the schools. Such scheme, which was introduced for the welfare of the teacher, cannot be misinterpreted or mis-utilised for the purpose of granting more increment. Over and above, orders were issued by the Government in this regard. The Government Order stipulates that a teacher on acquisition of higher qualifications is entitled for two incentive increments in the entire service and not more than that. In the present case on hand, the writ petitioner has already received two incentive increments for acquiring additional qualifications then the third incentive increment cannot be considered in view of the policy guidelines issued by the Government, which was considered by this Court in W.P.Nos.56 to 58 & 3898 & 3899 of 2018, dated 29.08.2018. The relevant paragraphs are extracted as under:

(2.) The Government accept the recommendation of the One Man Committee and issue the following orders:

(3.) Based on the above orders of the High Court, the individual was allowed the 5th and 6th increments in the G.O.third read above. Persons placed on similar circumstances had also represented for sanction of 5th and 6th increments and it is considered that normally a decision taken in one case would be of general applicability and will have to be made applicable in all similar cases. But the real intention of the original scheme as envisaged in G.O.Ms.No.42, Education dated 10.01.1969 is to sanction advance increments for higher qualification to a maximum of 4 only. So, Government have decided to amend the original orders to bring out the intention of the scheme viz, the maximum admissible increments as four clearly. At the same time Government have decided to sanction the 5th and 6th advance increment allowed to the individual referred to able to all those who are placed under similar circumstances also.