IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.01.2010 CORAM THE HONOURABLE Mr. JUSTICE M. VENUGOPAL W.P.No. 9139 of 2004 M.Krishnan ... Petitioner Vs 1.The Director of Elementary Education, D.P.I. Compound, College Road, Chennai- 600 006. 2.The Assistant Educational Officer, Nanguneri, Tirunelveli District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for a writ of certiorarified mandamus, calling for the records of the first respondent relating to his proceedings in R.C.No.48500/H4/2000, dated 25.02.2003, quash the said order as devoid of any consideration of relevant materials and consequently direct the respondents to retrospectively grant the due incentive pay to the petitioner for having acquired M.A., M.Ed., Master's degree qualifications as a long serving Assistant Teacher in the Secondary Grade post under the control of the second respondent herein. For Petitioner : Mr.J.Franklin For Respondents : Mr.A.Suresh, Additional Govt. Pleader (Education) for R1&R2 ORDER The prayer in this writ petition is to quash the order of the first respondent in Proceedings No.R.C.No.48500/H4/2000, dated 25.02.2003, in refusing the sanction incentive increments for M.A., and M.Ed., degrees. 2.The germane facts of the case are set out here under; https://hcservices.ecourts.gov.in/hcservices/ The petitioner joined in the Secondary Grade post at R.C. Middle School in Thinaiyurani, Tirunelveli District in the year 1985. At the time of his appointment, his qualifications were B.A., B.Ed., Later, he joined M.A. Degree in History from Annamalai University through correspondence course and obtained the said M.A., Degree in History during May 1993. Later, he joined Master of Education Degree course in Annamalai University and obtained the Master's degree qualifications with first class during May 1998. 3.The core contention of the petitioner is that as per the G.O.Ms.No.42, Education Department, dated 10.01.1969, the petitioner is entitled to claim the incentive increments on obtaining M.A., and M.Ed., Degrees and after obtaining the said degrees he informed his School and Educational Authorities and also represented before the first respondent to sanction the incentive increments and further represented to the second respondent/Assistant Educational Officer, Nanguneri, Tirunelveli District on 08.09.1999 through the Tamil Nadu Elementary School Teacher's Movement, Tirunelveli District. 4.The petitioner later filed the W.P.No.18529 of 2000, seeking a writ of mandamus against the respondent to dispose of his representation on merits and on 08.09.1999, this Court passed an order directing the authorities to dispose of his representation within a period of four months time. Subsequently, he filed a Contempt Petition No.7 of 2003 and during the pendency of the said petition, the first respondent has passed an order 25.02.2003 holding that he is not entitled to claim incentive as claimed by him for having acquired his M.A., and M.Ed., degrees and the reason given is that he joined in a Secondary Grade post and whereas at the time of his appointment, he is acquired B.A., and B.Ed., Degree and therefore, he is entitled to claim the said incentive and resultantly, rejected his representation dated 08.09.1999. 5.The point that arises for rumination is whether the petitioner is entitled to claim the incentive for acquiring M.A., and M.Ed., degrees?. 6.It is brought to the notice of this Court that the matter in issue is covered by the Judgments of this Court made in W.P.No.18702 of 1966 dated 29.09.2004, W.P.No.12912 of 1999 dated 09.12.2002 and W.P.No.16753 of 1997 dated 10.02.2005 and also in W.P.No.(MD) No.9363 of 2005, dated 20.11.2006. 7.As far as the present case is concerned, the petitioner is entitled to claim incentive increments for M.A., and M.Ed., degrees and the same is to be sanctioned per the G.O.Ms.Nos.1023 https://hcservices.ecourts.gov.in/hcservices/ and 1024 Education, Science and Technology Department, dated 09.12.2003 and viewed in that perspective, the impugned order passed by the first respondent in Proceedings No.R.C.No.48500/ H4/2000, dated 25.02.2003, is set aside and consequently, this writ petition is allowed without costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar mps To 1.The Director of Elementary Education, D.P.I. Compound, College Road, Chennai- 600 006. 2.The Assistant Educational Officer, Nanguneri, Tirunelveli District. +1cc to Mr.M.Balasubramanian, Advocate Sr 4087 RB(CO) km/1.2. W.P.No. 9139 of 2004 https://hcservices.ecourts.gov.in/hcservices/