R. Gnanasekaran v. State of Tamilnadu rep by Its Secretary To Govt. School Education Dept Chennai
2013-03-05
VINOD K.SHARMA
body2013
DigiLaw.ai
JUDGMENT 1. The petitioner has approached this Court with the prayer for issuance of a writ in the nature of Mandamus, directing the respondents to sanction eligible incentive increment to the petitioner on acquiring higher qualification. 2. The petitioner was appointed as Vocational Teacher on 20.10.1978 and while in service, the petitioner acquired qualification of M.A., M.Ed. and M.Phil. The submission of petitioner is that, the minimum qualification prescribed for post of vocational teacher is a degree with certificate course in vocational education. Therefore, as per G.O.Ms.No.42 dated 10.01.1969, the petitioner is entitled to two incentive increments on acquiring higher qualification. 3. It is submitted, that G.O.Ms.No.42 dated 10.01.1969 did not include the vocational teachers for the reason, that vocational stream was started only in the year 1978 vide G.O.No.1719 dated 14.09.1978. The doubt with regard to the eligibility of vocational teachers to have two incentive increments was clarified vide Memorandum No.38429/F2/70-5 Education dated 06.12.1971. But inspite of the clarification, the petitioner has not been granted incentive increments. 4. Learned counsel for the petitioner contends, that the lis in this writ is squarely covered by the decision of this Court in W.P.No.6771 of 2007 (M.Jayakumar vs. The Director of School Education, Chennai and others), decided on 20.11.2008. 5. Learned Government Advocate on the other hand contends, that the petitioner cannot claim two incentive increments for acquiring higher education, as he was appointed under vocational stream and Government policy for grant of additional increments to the teachers appointed under vocational stream, is not applicable. 6. On consideration, I find that the defense of the learned Government Advocate cannot be accepted in view of the decision of this Court in W.P.No.6771 of 2007 (supra), holding that the vocational teachers are also entitled to incentive increments. 7. Consequently, this writ petition is allowed. The writ in the nature of Mandamus is issued, directing the respondents to grant two incentive increments to the petitioner from the date of acquiring higher qualification. However, the arrears payable shall be restricted to three years and two months prior to the date of filing of this writ petition. 8. No costs. Consequently, connected Miscellaneous petition is closed.