Research › Search › Judgment

Madras High Court · body

2024 DIGILAW 1283 (MAD)

State of Tamil Nadu v. M. Mugunthamadhavan

2024-06-13

C.KUMARAPPAN, S.M.SUBRAMANIAM

body2024
JUDGMENT : (Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P.No.15859 of 2014 dated 28.03.2019. The benefit of incentive increment for acquiring additional educational qualification were provided to the teaching staff in the Education Department. Incentive increments are concessions granted to the teachers in order to encourage them to acquire more educational qualification for the purpose of imparting better education to the children studying in schools. It is a concessional Scheme framed by the Government and not part of service conditions. Such concessional schemes cannot be expanded beyond the scope of the terms and conditions stipulated by the Government under the Scheme. 2. Originally, the scheme of incentive increment was granted to the teaching staff in Education Department in G.O.Ms.No.42 dated 01.01.1969. Thereafter, the Scheme of incentive increment extended to several Degrees, Post Graduation Degree by the Government by expanding the scope of the Scheme. However, the date of issuance of the Government order extending the benefit of the incentive increment alone is to be taken into consideration for considering the monetary benefits. 3. In the present case, the Scheme of incentive increment was extended for acquiring M.Phil/Ph.D degrees in G.O.(1D).No.18, School Education dated 18.01.2013. Therefore, the respondents are entitled for the incentive increment for acquiring M.Phil/Ph.D Degree from the date of the Government Order and not from the date of acquisition of Degree of M.Phil/Ph.D. 4. A policy of the Government would indicate that teacher is eligible for two incentives in their entire service. They are not entitled for more than two incentive increments in their carrier. Therefore, the respondents are eligible for two incentive increments for acquiring additional Educational Qualification, which should not be the requisite qualification under the Service Rules for holding the post in which the teacher is working. 5. Therefore, the respondents are entitled for the incentive increment only in accordance with the Government Order issued in G.O.(1D).No.18, School Education dated 18.01.2013. 6. The writ court has considered the claim of the respondents beyond the scope of the Government Order and the Scheme of incentive increment, which is a concessional scheme and must be implemented strictly in accordance with the terms and conditions stipulated by the Government in the policy order. 7. 6. The writ court has considered the claim of the respondents beyond the scope of the Government Order and the Scheme of incentive increment, which is a concessional scheme and must be implemented strictly in accordance with the terms and conditions stipulated by the Government in the policy order. 7. For all these reasons, the order impugned passed in W.P.No.15859 of 2014 dated 28.03.2019 is set aside and the Writ Appeal stands allowed. No costs. Consequently, connected miscellaneous petition is closed.