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Madras High Court · body

2007 DIGILAW 171 (MAD)

S. Subramanian v. District Elementary Educational Officer, Tirunelveli & Others

2007-01-12

R.BANUMATHI

body2007
Judgment :- 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.Ed., 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. Learned counsel for the Petitioner contended that the Petitioner was appointed to the post of Secondary Grade Teacher and having passed M.A., M.Ed., degree, as per Government Orders, he is entitled to advance increments. It was further submitted that the Impugned Orders are flawed for violation of principles of natural justice. 4. Admittedly, the Petitioner was appointed to the post of Secondary Grade Teacher on the basis of his B.A., B.Ed., qualification. As per G.O.Ms.No.510 Edn Dept., dated 10.05.89, B.Ed., qualified teachers appointed to the post of Secondary Grade Teachers are not eligible for any higher start of pay of incentive increment for possession or acquiring higher qualification. In the said Government Order itself, it is made clear that "....B.Ed., candidates appointed to the Secondary Grade post shall be eligible to draw the scale of pay as applicable to the post of Secondary Grade Teachers and they are not eligible to draw any incentive increment or higher scale of pay by virtue of their possessing higher qualification etc....." When under the G.O, drawing of any incentive increments is impermissible, the Petitioner cannot claim any incentive increments for higher qualifications viz., M.A., and M.Ed., degrees. 5. Two other G.Os are also relevant to be noted. 5. Two other G.Os are also relevant to be noted. According to G.O.Ms.No.42 Edn. Dept dated 10.01.1969, a Teacher belonging to the category of Secondary Grade shall be eligible for two advance increments after passing B.T or B.Ed., degree and another two increments after passing M.A or M.Ed., degree. These increments are sanctioned only to the Secondary Grade Teachers who possesses Secondary Grade Teachers Training Certificate and appointed on the basis of that Certificate. The Petitioner does not possess the Secondary Grade Teachers Training Certificate nor Senior Basic Grade Teacher Certificate. 6. According to G.O.Ms.No.1032 Edn Dept dated 22.06.1971, a Secondary Grade Teacher, who first possess M.A or M.Sc., without passing B.T/B.Ed., need not be granted any advance increment. If, however thereafter the individual possess B.T/B.Ed., degree, the individual may be allowed four advance increments at one stroke. Learned Government Advocsate has submitted that as per the Government Order, for awarding incentive increments, the Secondary Grade Teachers must possess B.T/B.Ed., degree as higher qualification first and incentive increment is granted only for the said higher qualification. The Petitioner, having been appointed to the post of Secondary Grade Teacher only on the basis of B.A., B.Ed., qualification cannot contend that he possesses higher qualification to draw incentive increment. 7. 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. 8. In the result, the Writ Petition is dismissed. No costs.