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2013 DIGILAW 2375 (MAD)

V. Periyasamy v. Director of School Education, Chennai

2013-07-09

M.VENUGOPAL

body2013
Judgment :- 1. The Petitioner has focused the present Writ Petition praying for issuance of Writ of Mandamaus by this Court in directing the 2nd and 3rd Respondents to sanction incentive increment based on the order passed in W.P.Nos.14341 to 14349 of 2007 dated 18.12.2008. 2. According to the Petitioner, he acquired higher qualification (as on date of filing of Writ Petition) M.Com., M.Ed., He has come to know that the Government of Tamil Nadu passed G.O.Ms.No.42, dated 10.01.1969, wherein, the sanction of incentive increments was ordered to the teachers for encouraging and ensuring better standard of education to the students. It appears that as per the order passed by this Court in the Writ Petitions, the 3rd Respondent ought to have granted incentive increment, since he had acquired higher educational qualification. He made a representation to the 2nd and 3rd Respondents to sanction the incentive increment in terms of G.O.Ms.No.42, dated 10.01.1969, which was also, confirmed by this Court as per order passed in the batch of writ petitions. 3. The plea taken on behalf of the Petitioner is that the similarly placed vocational instructors, who are working in Perambalur District , were sanctioned with the incentive increment based on the said G.O.Ms.No.42, dated 10.01.1969 and their withdrawal and recovery of the said incentive increment order was set aside by this Court by directing the authorities concerned to continue to pay the said incentive increment based on the Government Order. In effect, the Petitioner seeks parity that the benefit of the G.O.Ms.No.42, dated 10.01.1969 is to be extended to him. 4. At this stage, the Learned Additional Government Pleader appearing for R1 to R3 fairly submits that this Court on 18.12.2008 in W.P.Nos.5787 of 2007 etc., batch cases, passed an order, wherein, in paragraph 9, it is inter alia held as follows:-“. . . . . . . . Since the the petitioners have acquired M.Com., and B.Ed. / M.Ed. Degrees which are higher than the prescribed qualification of B.Com. Degree to the Vocational Instructor post, the grant of incentive increment by the respondents earlier is perfectly in order and the impugned order passed by the second respondent holding that the Vocational instructor post is not included in G.O.Ms.No.43 dated 10.01.1969 and therefore, the petitioners are not entitled to get the said benefits cannot be sustained. Degree to the Vocational Instructor post, the grant of incentive increment by the respondents earlier is perfectly in order and the impugned order passed by the second respondent holding that the Vocational instructor post is not included in G.O.Ms.No.43 dated 10.01.1969 and therefore, the petitioners are not entitled to get the said benefits cannot be sustained. The petitioners having improved their qualification for which incentive increment having been sanctioned in accordance with the Government Order, the same cannot be withdrawn and no recovery could be ordered. Hence the impugned orders are set aside. The writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. “ 5. Further, in the Counter filed by the Respondents, it is inter alia pleaded that earlier writ petitions were allowed on the ground that increment once paid, without any misrepresentation or supression, could not be recovered. But, in the instant case, the Petitioner was not paid any increment since he is not entitled to the same till the Government issued G.O.No.240 dated 18.08.2010. Also, it is pleaded on behalf of the Respondents that the Petitioner had compared with other persons and stated in the writ petition that increment was sanctioned to Vocational Instructors according to the orders of High Court. As a matter of fact, the order of High Court is only applicable to the individual concerned and not for all, because of the reason that it is not a common order. More over, the Government issued the common order only on 18.08.2010. Therefore, the Petitioner was sanctioned incentive increment for higher qualification in M.Com., M.Ed., Degree from the date of issuance of Government Order. 6. It is also brought to the notice of this Court that in similar W.P.(MD).Nos.6691 to 6699 and 6701 of 2009, on 10.08.2009, this Court has allowed the writ petitions following an earlier order passed by this Court in W.P.Nos.5787 of 2007 and batch of cases(including W.P.Nos.14341 to 14349 of 2007) dated 18.12.2008, wherein, one incentive increment was granted to those vocational instructors who acquired the Post Graduate Qualifications after their Degree. Further, the Division Bench order of this Court in W.P.No.12261 of 2004 dated 26.06.2008 passed similar order in respect of Vocational Instructors who acquired post graduation qualification after their initial appointment were granted the relief of incentive increment. 7. Further, the Division Bench order of this Court in W.P.No.12261 of 2004 dated 26.06.2008 passed similar order in respect of Vocational Instructors who acquired post graduation qualification after their initial appointment were granted the relief of incentive increment. 7. Inasmuch as, the present subject matter of the Writ petition is covered by means ofan earlier orders of this Court, as stated in para 6, following the same, this Court in the interest of justice allows the Writ petition by directing the Respondents to grant incentive increment to the Petitioner. 8. With the aforesaid direction, the Writ Petition is allowed. No costs.