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2008 DIGILAW 2781 (MAD)

P. B. Bheeman v. The Registrar, Tamil Nadu State Administrative Tribunal & Others

2008-08-01

K.KANNAN, P.K.MISRA

body2008
Judgment :- K. Kannan, J. Heard the learned counsel for the petitioner and Special Government Pleader for contesting respondents 2 to 4. 2. The petitioner, who was a Tamil Scholar, claimed incentive allowance for special qualifications in Tamil as per the Government order and to obtain the implementation of the order passed by the Government in G.O.Ms.No.42 Education dated 1. 1969, by filing O.A.3884 of 1992 before the Central Administrative Tribunal, Madras Bench. His plea was rejected by an order of the Tribunal on 11. 2003 stating that as per said G.O, only two incentives were contemplated and therefore the additional incentivess which he claimed on acquiring M.Ed degree qualification did not merit acceptance. Assailing the said order, the present writ petition has been filed by the petitioner. 3. As per the averments in the affidavit in support of the petition, the petitioner claimed that he had obtained Secondary Grade Teachers Training in the year 1956 and had passed B.A.Tamil Literature in the month of September 1963. He was appointed as Tamil Pandit Grade I. The requisite qualification at that time was Secondary grade Teachers Training and B.A. Tamil literature. Subsequently, he acquired B.T. qualification in the year 1965 and in the year 1971, he had obtained Post-graduate degree in Tamil and had also acquired M.Ed qualification. 4. The Government had been passing G.Os. from time to time with a view to foster interest in higher qualification in Tamil. In particular G.O.Ms.No.42, Education Department dated 1. 1969 was issued to encourage teachers to acquire higher qualification than the minimum qualification required for the respective posts. In the year 1969, the scheme that got under way was to provide for two incentive advances for secondary grade teachers in Tamil Pandit course for acquiring higher qualification for securing post-graduate qualification also. The Government wanted to restrict number of incentive advances to two and passed yet another G.O.Ms.No.1023 dated 12. 1993 whereby it had been clarified that no teacher shall be entitled to grant any incentive advance more than two for the whole of their service. An exception was also provided in the same G.O. to the effect that if a person had already got two advance increments for B.T. or B.Ed. 1993 whereby it had been clarified that no teacher shall be entitled to grant any incentive advance more than two for the whole of their service. An exception was also provided in the same G.O. to the effect that if a person had already got two advance increments for B.T. or B.Ed. in the Secondary Grade Post and then two further advances for M.A. or , M.Sc qualification in the post of B.T.Assistance, he shall be eligible for more than two advance increments, if he had already obtained M.Ed. qualification in the post of B.T Assistant. This concession was admissible only to persons, who had already obtained the above qualifications prior to the date of issue of the order dated 12. 1993. The maximum number of advance increments admissible to teachers was set at four only. .5. The petitioner claimed that he came under the special category of persons who had obtained the additional qualification before 12. 1993. The Tribunal referred to only G.O.Ms.No.42 of 1969 that recited that no more two incentives were admissible and the fact that he had acquired M.A. degree did not qualify him to obtain two more increments. .6. We have gone through the relevant G.O.1023 dated 12. 1993 and it is evident that the attention of the Tribunal was not specifically drawn to Paragraph 4 of the said G.O., which states as follows: ."4. Accordingly, the Government direct that Secondary Grade Teachers who got 2 advance increments for B.T. or B.Ed qualification in the Secondary Grade posts and then 2 advance increments for M.A. or M.Sc qualification in the post of B.T. Assistant shall be eligible for 2 more advance increments if they have already obtained the M.Ed. qualification in the post of B.T.Assistant. This concession shall be admissible only to the past cases i.e. to those who have already obtained the above qualification prior to the date of issue of these orders. In future, the maximum number of advance increments admissible to a Teacher for obtaining higher qualification under the orders first read above shall be four only." 7. This concession shall be admissible only to the past cases i.e. to those who have already obtained the above qualification prior to the date of issue of these orders. In future, the maximum number of advance increments admissible to a Teacher for obtaining higher qualification under the orders first read above shall be four only." 7. The said G.O. makes it clear that the concession of two additional incentives were available to past cases of persons who had obtained additional qualifications prior to the date of issue of orders and the maximum number of advance increments admissible to a teacher for obtaining higher qualification under the orders referred to in G.O.Ms.No.42 dated 1. 1969 shall be four. The contention of the petitioner is therefore well founded and the rejection of the claim by the Tribunal is erroneous. 8. We accordingly set aside the order of the Tribunal and direct that- the writ petition is allowed as prayed for. No costs.