1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.10378 of 2011 P.Vincent Prem Kumar ... Petitioner Vs. 1. The State of Tamil Nadu represented by its Secretary to Government, Department of Education, Fort St. George, Chennai. 2. The Director of School Education, College Road, Chennai. 3. The Chief Educational Officer, Trichy. 4. The Headmaster, Government High School, Inam Mathoor, Tricy. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in proceedings in Na.Ka.No.7658/A7/2011 dated 25.08.2011 on the file of the third respondent and quash the same as illegal and unsustainable and consequently direct the third respondent to grant incentive increment to the petitioner. For Petitioner : Mr.P.Sathish Murugan for M/s. Hindu Associates For Respondents : Mrs.S.Bharathi Government Advocate O R D E R The petitioner P.Vincent Prem Kumar aggrieved by the impugned proceedings passed by the third respondent, the Chief Educational Officer, Trichy in Na.Ka.No.7658/A7/2011 dated 25.08.2011, filed the present Writ Petition under Article 226 of the Constitution of India. 2. The crux of the matter is whether the petitioner is entitled to get incentive increment for acquisition of higher qualification viz., M.Phil., in Physical Education. The petitioner was appointed as a Physical Education Teacher in the fourth respondent Government High School, Inam Mathoor, Trichy in the month of August 2010. It has been further mentioned that the petitioner was initially appointed as a Physical Education Teacher in Udumalaipettai Higher Secondary School on 12.03.1998 and he has completed M.Phil., in Bharathiar University on 30.05.2007. In the year 2008, he was transferred to Vaiyampatti Higher Secondary School and from Vaiyampatti Higher Secondary School he was transferred to the fourth respondent Government High School, Inam Mathoor, Trichy. He has filed a Writ Petition in W.P.(MD).No.6231 of 2011 to consider his representation dated 28.01.2011 to grant incentive increments in terms of G.O.Ms.No.324 dated 25.04.1995. The said Writ Petition was disposed of by giving direction to the respondents 1 to 3 to https://hcservices.ecourts.gov.in/hcservices/ 2 consider the petitioner's case within a period of eight weeks. Thereupon, the third respondent, the Chief Educational Officer, Trichy has passed the present impugned order dated 25.08.2011, holding that the petitioner has got one incentive increment at the time of his appointment for his Master of Physical Education and the G.O.Ms.No.1170 dated 20.12.1993, allowed the Post Graduate Teachers to receive the incentive increments on the basis his request was declined. Therefore, the case of the petitioner is when G.O.Ms.No.1170 dated 20.12.1993 passed by the Government clearly shows that only to help the Post Graduate Teachers to get the incentive increment as that of Secondary Grade Teachers and nowhere the Government order curtailed that the Secondary Grade Teachers are not to receive the incentive increment for their higher qualification and on the other hand, the third respondent as against the G.O.Ms.No.1170 dated 20.12.1993, has declined the request of the petitioner to receive the incentive of increment, it was contended that, the reasoning given by the third respondent in the impugned order is not in order and not tenable as it is not going in line with G.O.Ms.No.1170 dated 20.12.1993. The learned counsel appearing for the petitioner further stated that when two incentive increments have been provided to the teachers acquiring higher qualification, the petitioner is also entitled to get two incentive increments as mentioned by G.O.Ms.No.1170 dated 20.12.1993. Admittedly for the reason that the petitioner at the time of his appointment was given only one incentive increment, as he has possessed Master of Physical Education qualification and subsequently, when he has acquired M.Phil., qualification, it is not open to the respondents to say that there is no room for another increment for possessing M.Phil., qualification in Physical Education. On that basis, he prayed for setting aside the impugned order. 3. Mrs.S.Bharathi, learned Government Advocate appearing for the respondents in reply opposing the said prayer has brought to the notice of this Court the order passed by this Court in W.P.(MD)No.10490 of 2011 dated 15.09.2011, wherein this Court after discussing the G.O.Ms.No.324, Education Science and Technology Department, dated 25.04.1995, finally came to the conclusion that on the basis of G.O.Ms.No.194, School Education (E2) Department, dated 10.10.2006, the post graduate teachers working in higher secondary schools are entitled to get two increments i.e. one incentive increment. 4. Therefore, it is proper to extract paragraph Nos.4 and 5 of the G.O.Ms.No.324, Education Science and Technology Department dated 25.04.1995, which reads as follows: "4. The Government have examined the matter carefully and decided to stipulated the Higher Secondary syllabus subjects as relevant subjects for the purpose of sanctioning incentive increments. In respect of physical Education Teachers incentive increments will continue to be only for higher qualification in the area of physical Education. 5. The Government accordingly direct that i. the conditions (i) to (iii) in para 3 of G.O.Ms.No.624, Education dated 13.07.92 be deleted. ii. For the sanction of incentive increments the subjects in the Higher Secondary Syllabus shall be the relevant subjects. iii. In respect of the teachers in physical education they https://hcservices.ecourts.gov.in/hcservices/ 3 are eligible for the incentive for higher qualification only in physical education. iv. Those orders will take retrospective effect from 17.09.86 to cover past cases. v. The teacher who have acquired higher qualification in subjects other than higher secondary syllabus shall not be eligible for any incentive increment." 5. When paragraph No.4 in explicit terms reads that physical education teachers are entitled to get incentive increments for acquiring higher qualification in the area of physical education qualification, it goes without saying that the petitioner, who has acquired M.Phil., is required to be given incentive increments, in terms of G.O.Ms.No.324. However, in paragraph No.5, the G.O. further says that for the sanction of incentive increments, the subjects in the higher secondary syllabus shall be the relevant subjects. By taking reliance on paragraph No.5(v), the learned Government Advocate appearing for the respondents has contended that the petitioner was already given incentive increment for acquisition of higher qualification viz., Master of Physical Education. Therefore, for having acquired M.Phil., in Physical Education is not entitled, since the M.Phil., is not a subject going to be used in the higher secondary syllabus. Further it was also contended that the petitioner is not handling the higher secondary syllabus as relevant subjects, because he is working in the high school. Therefore, he is not eligible for incentive increments for having acquired M.Phil., degree. Since the learned Judge of this Court has already taken a view in W.P. (MD).No.10490 of 2011 dated 15.09.2011, that a teacher taking classes for primary sections and acquires a doctorate degree, claims advance incentive or increments, acquisition of such qualification, certainly is not for the benefit of the students in lower classes and that acquisition of higher qualification, is only for personal accomplishment. 6. In that view of the matter, this Court is not in a position to answer the prayer made by the petitioner in his favour. Accordingly, this Writ Petition is dismissed. No costs. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1. The Secretary to Government, The State of Tamil Nadu , Department of Education, Fort St. George, Chennai. 2. The Director of School Education, College Road, Chennai. 3. The Chief Educational Officer, Trichy. 4. The Headmaster, Government High School, Inam Mathoor, Tricy. +1cc to Special Government Pleader, Sr.No.40646 akv GH : 20.01.2012 : 3p/6c W.P.(MD)No.10378 of 2011 18.11.2011 https://hcservices.ecourts.gov.in/hcservices/