Judgment : 1. The petitioner filed this writ petition for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the first respondent in the Endorsement in Aa.Thi.Mu.No.9833/Aa 4/2011 dated 10.8.2011 and quash the same and direct the respondents to sanction Incentive Increment for M.Ed., to the petitioner and confer all the consequential benefits. 2. The petitioner joined as a Secondary Grade Teacher on 5.12.1977 in the Panchayat Union Elementary School, Ramarajan Pattah, Gingee Panchayat Union. His service was regularised and subsequently his probation was declared. While he was working as a Secondary Grade Teacher in Panchayat Union Middle School, Mazhavanthangal in the same Panchayat Union, the Middle School was upgraded as High School and he was also absorbed to the High School on 3.12.1984. He acquired B.Lit. (Tamil) in the year 1986, B.Ed., in the year 1988 and M.A. Tamil in the year 1989. Under the Incentive Increment Scheme, he was given one set of Incentive Increment for B.Ed., on 2.2.1988. The petitioner was given another set of Incentive Increment on 18.4.1989 for M.A. Thereafter, he was promoted as Tamil Pandit on 4.9.2000. When the petitioner applied for Incentive Increment for M.Ed., he was informed that he was not entitled for third set of Incentive Increment as the same is pending before the Court of Law and after the issue is decided his claim will be considered by the first respondent. Thereafter, the petitioner made a representation to grant third incentive increment in view of G.O.Ms.No.198, School Education Department, dated 4.7.2011 which was passed pursuant to the orders of this Court in writ petitions filed by one Elumalai who acquired the qualification before 9.12.1993 since the petitioner acquired the qualification in 1989. However, the same was rejected by the first respondent, by an order dated 10.8.2011. Hence, the petitioner has filed the present writ petition seeking to the quash the order dated 10.08.2011 of the second respondent and for a consequential direction to the respondents to sanction third incentive increment and to settle all the consequential monetary benefits payable to him. 3. Though notice of motion was ordered on 28.11.2011 by this Court, till date, counter has not been filed by the respondents, but the learned Government Pleader addressed arguments. 4. 3. Though notice of motion was ordered on 28.11.2011 by this Court, till date, counter has not been filed by the respondents, but the learned Government Pleader addressed arguments. 4. The learned counsel for the petitioner submits that the matter is squarely covered by a Division Bench judgment of this Court dated 27.01.2011 passed in W.A.No.884 of 2009, but he has produced only the order in W.P.No.26667 of 2008 dated 29.4.2011 and not the writ appeal order. He further submits that the Government has issued an order in G.O.(Ms).No.198, School Education Department, dated 4.7.2011 granting third incentive increment to one Elumalai, who secured higher qualification before 9.12.1993. According to the learned counsel for the petitioner, if the Teachers obtained higher qualification before 09.12.1993, third incentive increment could be granted. 5. Heard the submissions made on either side and perused the materials available on record. 6. In my considered view, both the judgment dated 29.4.2011 and the Government Order squarely apply to the facts and circumstances of this case as admittedly, the petitioner secured M.Ed., degree in the year 1989 itself, that is, much prior to 09.12.1993 and hence, the first respondent is not correct in declining third incentive increment to the petitioner. 7. Accordingly, the impugned order dated 10.08.2011 of the first respondent is quashed and the writ petition is allowed. The respondents are directed to grant third incentive increment to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs.