M. Michael Raj v. State of Tamil Nadu, rep. by its Secretary to Government, School Education Department, Chennai
2015-02-18
K.RAVICHANDRA BAABU
body2015
DigiLaw.ai
Judgment 1. Mr.V.Muruganandam, learned Additional Government Pleader takes notice for the respondents and by consent of parties the main writ petition itself is taken up for final disposal. 2. In this writ petition, the petitioner has aggrieved against non sanctioning of the third incentive increment for having acquired M.Phil. degree on the reason that the petitioner is entitled to only two incentive increments. 3. Both sides fairly submitted that the issue involved in this case is squarely covered in favour of the petitioner in several decisions made by this Court in W.P.(MD).No.2528 of 2007 dated 20.12.2007, etc. and one such recent decision was made on 17.10.2014 in W.P.(MD).No.17022 of 2014. A perusal of the said order, dated 17.10.2014, of the learned single Judge would show that similar contentions raised by the respondent have been rejected. In paragraph Nos.3 to 5 of the said judgment, it is held as follows; "3. Learned counsel for the petitioner further submitted that the issue involved in this writ petition is squarely covered by the decisions made in W.P(MD)No.2528 of 2007 dated 20.12.2007, W.P(MD)No.9200 of 2011 dated 12.04.2011, W.P(MD)No.7291 of 2013 batch, dated 05.07.2013, W.P(MD)No.11802 of 2013 batch, dated 24.07.2013, W.A(MD)No.867 of 2014 dated 18.09.2014, and also by G.O.Ms.No.17, School Education Department, dated 08.01.2008, G.O.Ms.No.209, School Education Department, dated 08.07.2010 and G.O.(2D)No.15, School Education Department, dated 28.03.2013. therefore, he pleaded, the petitioner is entitled to the relief sought for, in the light of the Government Orders and the decisions mentioned supra. 4. In W.P(MD)Nos.11802 to 11806 of 2013 dated 24.07.2013, at paragraphs 14, 15, 19 and 20 this Court held as follows:- "14. Perusal of the Government Order in G.O.(2D) No.15, School Education Department, dated 28.03.2013 shows that the Government, accepting the order made in W.P.(md).No.9200 of 2011, dated 12.04.2011, have sanctioned the third incentive increment to Mrs.K.Latha Devi, a Post Graduate Assistant, from the date on which she acquired the higher qualification. This Order has been issued with the concurrence of the Finance Department in A.SA.No.8499/Education-11/13, dated 28.02.2013. Thus, from the line of judgments stated supra, the issue as to whether teachers are entitled to third incentive increment for acquiring higher qualification, is no longer res integra. 15.
This Order has been issued with the concurrence of the Finance Department in A.SA.No.8499/Education-11/13, dated 28.02.2013. Thus, from the line of judgments stated supra, the issue as to whether teachers are entitled to third incentive increment for acquiring higher qualification, is no longer res integra. 15. When the Government have implemented the orders of this Court, declaring entitlement of a teacher to third incentive increment for acquiring higher educational qualification and also issued appropriate orders, directing sanction of advance increments from the date of acquiring higher educational qualification, it is the duty on the part of the District Educational Officer, Madurai Educational District, Tallakulam, Madurai, to have addressed the issue, as to whether the petitioners who are all M.Phil degree holders, are entitled to the sanction of the third incentive increment on the merits of the individual case, and pass orders. Merely because, G.O.(1D) No.209, School Education Department, dated 08.07.2010 was issued by way of implementation of orders made in W.A.No.426 of 2008, dated 27.06.2008, the District Educational Officer, Madurai District ought not to have returned the proposals dated 22.09.2010, sent by the Correspondent, Sourashtra Higher Secondary School, Madurai District. A duty is cast upon the said authority, to address the entitlement of the petitioners, for third incentive increment for M.Phil degree. 19.As rightly contended by Mr.Arul Vadivel @ Sekar, learned counsel for the petitioners, there is failure on the part of the District Educational Officer, Tallakulam, Madurai Educational District, Madurai to examine and consider the entitlement of the petitioners for third incentive increment, for acquiring M.Phil qualification. Therefore, while setting aside the impugned order in the present writ petitions, this Court, hereby directs the Correspondent, Sourashtra Higher Secondary School, Madurai District to resubmit the proposals to the District Educational Officer, Tallakulam, Madurai Educational District, Madurai /third respondent herein, along with all the service particulars and testimonials within 10 days from the date of receipt of a copy of this order and on receipt of such proposals, the District Educational Officer, Madurai Educational District, Tallakulam, Madurai District is directed to consider the proposals in the light of the decisions of this Court extracted above and the Government Orders cited supra and pass suitable orders, within a period of four weeks from the date of receipt of proposals from the fourth respondent. 20.
20. Before parting with this case, this Court deems it fit to record, that once an issue has been finally decided by this Court and the decision rendered by this Court has been implemented by the Government in passing several G.Os, it is incumbent on the part of the authorities, to apply the judgment, to the similarly placed persons, whenever a similar claim is made, subject to verification of the service particulars of the claimant and address the issue of entitlement. This of course to the rules and government rules, issued from time to time. An issue which reached finality, has to be treated as “judgment in rem”. It cannot be contended by the respondents as it is 'judgment in personam”." The aforementioned decision has been followed in W.P.Nos.34618 to 34621 of 2013 dated 19.12.2013 and W.P.Nos.22296 to 22298 of 2014 dated 19.08.2014. 5. In the light of the aforementioned decisions, the writ petition is allowed, and a direction is issued to the respondents to sanction third incentive increment to the petitioner for having acquired higher qualification of M.Phil., degree, within a period of six weeks from the date of receipt of a copy of this order. No costs." 5. Following the above said decision, this writ petition is allowed and the impugned order is set aside and the respondents are directed to sanction third incentive increment of the petitioner for having acquired M.Phil. degree within a period of eight weeks from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed. No costs.