1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 27..06..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Appeal (MD)No.511 of 2011 and M.P.(MD)No.2 of 2011 1. State of Tamil Nadu, Represented by its Secretary to Government, Department of Education, Fort. St. George, Chennai - 600 009. 2. The Director of School Education, College Road, Chennai. 3. The Chief Educational Officer, Office of the Chief Educational Officer, Madurai. 4. The District Educational Officer, Usilampatti, Madurai District. 5. The Correspondent, St. Claret Higher Secondary School, Karumathur, Usilampatti, Madurai District. ... Appellants - Vs - Mrs. V. S. Louis Rani, W/o. V. Rajasekaran, No.4, Annai Illam, Meyappan 3rd Street, Gnaolivupuram, Arappalayam, Madurai. ......Respondent Writ Appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 29.09.2010 passed in W.P.(MD) No.3117 of 2008. W.P.(MD)No.3117 of 2008 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the order passed by the fourth respondent dated: 24.10.2007 in his proceedings O.Mu. No. 3773/AA3/07 and quash the same and direct the respondents to pass orders on the representation dated 22.1.2008 and sanction incentive increments for the high qualifications acquired by the petitioner in the year 1997 and 2003. For Appellants :: Mr. R. Karthikeyan, Additional Government Pleader For Respondent :: Mr. M. Md. Ibrahim Ali J U D G M E N T (Judgment of the Court was delivered by A.ARUMUGHASWAMY, J.) This Writ Appeal is directed against the order of learned Single Judge dated 29.09.2010 passed in W.P.(MD)No.3117 of 2008. 2. The respondent herein after obtaining B.Sc., and B.Ed., joined as Secondary Grade Teacher under the fifth appellant school with effect from 05.06.1990. Subsequently, she acquired M.Ed., degree in 1997 and M.Sc., degree in 2003. Thereafter, she submitted her application, claiming incentive for having acquired the higher qualifications. Proposal https://hcservices.ecourts.gov.in/hcservices/ 2 was sent by the fifth appellant for granting incentive, however, the fourth appellant herein returned the proposal, stating that the appointment of the respondent herein was made subject to the undertaking given by her stating that she will not claim incentive. As against the said order of the fourth appellant herein, the respondent herein has filed W.P.(MD)No.3117 of 2008 before this Court. 3. The learned Single Judge has allowed the writ petition on the ground that there is no limitation for getting incentive increment if the concerned teacher, after joining the teaching service acquires further higher qualifications. The learned Single Judge further held that at the time of joining the teaching service, the respondent has given an undertaking that she would not claim any incentive increment after acquiring higher qualification and the said undertaking will not stand to any good reason since it is running contrary to the settled legal principles. As against the said order, the present Writ Appeal has been filed. 4. It is not in dispute that the respondent herein has given an undertaking at the time of joining the teaching service that she would not claim any incentive since at that time she was holding degree qualification. So, she was appointed as Secondary Grade teacher in the fifth appellant school. Thereafter, she acquired higher qualifications viz., M.Sc., and M.Ed., Therefore, acquiring higher qualification will not in any way prevent the respondent from claiming incentive for higher qualifications. We do not find any infirmity in the order of the learned Single Judge dated 29.09.2010. Consequently, this Writ Appeal is liable to be dismissed. 5. Accordingly, this writ appeal is dismissed. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.2 of 2011 is also dismissed. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR Dpn/- To: 1.The Secretary to Government, State of Tamil Nadu, Department of Education, Fort. St. George, Chennai - 600 009. 2.The Director of School Education, College Road, Chennai. 3.The Chief Educational Officer, Office of the Chief Educational Officer, Madurai. 4.The District Educational Officer, Usilampatti, Madurai District. 1CC TO MR. M.MD. IBRAHIM ALI, ADVOCATE, SR: 20201: 1CC TO THE SPL. GOVT PLEADER SR: 20694: DM::2011:JULY::11:: W.A.(MD)No.511 of 2011 and M.P.(MD)No.2 of 2011 27.06.2011 2P:7C:: https://hcservices.ecourts.gov.in/hcservices/