1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15/09/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.10490 of 2011 S.Arockiasamy ... 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, Dindigul Educational District, Dindigul. 4.The Headmaster Government Higher Secondary School N.Panjampatti Dindigul District. ... 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.2221/A4/2011 dated .08.2011 on the file of the third respondent and quash the same as illegal and unsustainable and consequently direct the fourth respondent to grant incentive increment to the petitioner. For petitioner ... M/s.Hindu Associates For respondents ... Mr.S.Chandrasekar RR1 to RR3 Government Advocate O R D E R Challenge in this writ petition is to an order in Rc.No. 2221/A4/2011, dated .08.2011, of the Chief Educational Officer, Dindigul, rejecting the request of the petitioner for grant of incentive increment for acquiring M.Phil qualification. 2. It is the case of the petitioner that, he was appointed as Physical Education Teacher on 17.03.1998. He had completed his B.Sc., in Rural Development Science and a bachelor Degree in https://hcservices.ecourts.gov.in/hcservices/ 2 Physical Education in Alagappa University, done his Master's Degree in Physical Education in the same University in the year 1994 and thereafter, completed his M.Phil and P.G.Diploma in Yoga in Alagappa and Annamalai University respectively. Earlier, when the claim of the petitioner for incentive increments for acquiring M.Phil qualification was not considered, the petitioner was constrained to file W.P.No.6232 of 2011 to consider his representation dated 20.01.2011, in terms of G.O.Ms.No.324 dated 25.04.1995. Pursuant to the directions, dated 15.06.2011 granted by this Court, in the above said writ petition, the Chief Educational Officer, Dindigul District, by the impugned order dated 11.08.2011 has rejected the claim and hence, the petitioner has filed the present writ petition for the relief as stated supra. 3. Assailing the correctness of the order, learned counsel for the petitioner, submitted that the Chief Educational Officer, Dindigul District, has failed to consider G.O.Ms.No.324, Education Science and Technology Department, dated 25.04.1995 and that, therefore, the impugned order is liable to be set aside. He further submitted that G.O.Ms.No.194, Education Department, dated 10.10.2006, is applicable only to post graduate teacher and inasmuch as the petitioner, a Physical Education Teacher, has claimed incentive increment on acquiring higher qualification, as per G.O.Ms.No.324 dated 25.04.1995, the impugned order passed, without considering the said G.O., is liable to be set aside. 4. Heard the learned counsel on either side and perused the materials available on record. 5. Admittedly, the petitioner is working as a Physical Education Teacher. He has acquired post graduate degree in Alagappa University in the year 1994 and completed M.Phil from the same University in the year 1999. Earlier, the Government have issued G.O.Ms.No.324, Education, Science and Technology Department dated 25.04.1995 for grant of incentive increments, among others, the secondary grade teacher are eligible for two incentive increments (equivalent to four increments), (1) for B.T., or B.Ed and (2) another for M.A., or M.Sc., or M.Ed., and so also, the school assistants are eligible for two incentive increments; (i) for M.A., or M.Sc., and (ii) another M.Ed. 6. In G.O.Ms.No.747 Finance (Pay Cell) dated 18.08.1986, it was further ordered that post graduate teachers or headmaster in the higher secondary school be given an incentive increment (i.e.) two advance increments for possessing or acquiring post graduate qualification in Education, ie. M.Ed. When representations were received by the Government, that Post Graduate Assistants are now getting only one incentive increment for acquiring higher qualification, when secondary grade teachers/school assistants are https://hcservices.ecourts.gov.in/hcservices/ 3 getting two incentive increments for higher qualification, the Government in G.O.Ms.No.1170 Education, Science and Technology Department, dated 20.12.1993, have issued the following orders: (i) the post graduate teacher who possess higher qualification like M.Phil/Ph.D/P.G. Diploma in teaching English shall be granted an incentive increment i.e. (Two advance increments) (ii) this incentive increment shall be given only to those who possess the said higher qualification as on 01.03.1993 and this concession will not be extended in future. 7. Subsequently, certain doubts were raised, regarding the grant of incentive increments, with reference to the order of specialisation, instead of in any subject. To avoid any confusion in the matter of grant of incentive increment, for acquiring higher qualification, clarifications have been issued by the Government in G.O.Ms.No.324 Education Science and Technology Department, dated 25.04.1995, which are as follows: “5.The government accordingly direct that i. the conditions (i) to (iii) in para 3 of G.O.Ms.No.624, Education dated 13.07.1992 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 are eligible for the incentive for higher qualification only in physical education. iv. Those orders will take retrospective effect from 17.09.1986 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.“ 8. Perusal of the G.O.Ms.No.194 School Education (E2) department, dated 10.10.2006, shows that when the writ petition No.17884 of 1998 and some other writ petitions were filed before this Court, by certain Post Graduate teachers working in higher secondary schools alleging non sanctioning of incentive increments for those who had acquired higher qualification after 01.03.1993, this Court by an order, dated 12.02.1998, has issued an order, in their favour, to the effect that they are entitled to two increments/one incentive increments. The appeal filed by the educational authorities and the management of certain private education institutions resulted in confirmation of the decision, and the writ appeals came to be dismissed vide order dated 20.06.2006, and the Division Bench further directed to implement the earlier orders. Subsequently on the recommendations of the Director of School Education, Chennai, Clause 3(ii) in G.O.Ms.No.324 Education, Science and Technology Department dated 25.04.1995 has been ordered to be deleted. https://hcservices.ecourts.gov.in/hcservices/ 4 9. At the risk of repetition, III (i) of G.O.Ms.No.117 is reproduced hereunder: “this incentive increment shall be given only to those who possess the higher qualification as on 01.03.1993 and this concession will not be extended to remain in future.” However, clause (i) and (ii) of the abovesaid G.O., would continue to remain in force. 10. Material on record shows that when a physical education teacher, whose claim for sanction of advance increments, for acquiring M.Phil, higher qualification was rejected, vide order, dated 29.02.2008 of the Chief Educational Officer, Dindigul District, questioned the same in a Writ petition No.2791 of 2008, this Court after considering the claim and the objections of the respondents therein, has passed the following orders: “2. As far as the teachers are concerned, on acquiring higher qualification, they are entitled to get incentive increment. The petitioner is working as a Physical Education Director and he has acquired M.Phil as higher qualification. As far as the qualification of M.Phil. is concerned, as per G.O.(Perm.) No.194, Education Department, dated 10.10.2006, only the Post Graduate Assistants are eligible for incentive increment. Since the petitioner was working as a Physical Education Director Grade II, he is not entitled for the same. 3. The stand of the learned counsel appearing for the petitioner is that as far as the petitioner is concerned, the post of Physical Education Director as well as the Post of Graduate Assistant are one and the same, consequently, the petitioner is eligible for incentive increment for the higher qualification of M.Phil. 4. As far as the higher secondary service is concerned, it is governed by statutory Rules issued under G.O.Ms.No.720, Education Department dated 28.04.1981 as per which, as far as the post of Post Graduate is concerned, it comes under clause 2, Category 1 and as far as the post of Physical Education Director is concerned, it comes under clause 3, consequently, the argument of the learned counsel appearing for the petitioner that the post of Post Graduate Assistant as well as the Physical Education Director are one and the same will not hold good. Apart from this, no other argument has been advanced by the learned counsel appearing for the petitioner. Besides as per the relevant government order, only P.G.Assistants are eligible for incentive for acquiring the M.Phil https://hcservices.ecourts.gov.in/hcservices/ 5 qualification. Admittedly the petitioner is not a P.G.Assistant. Consequently, I do not find any infirmity in the impugned order dated 29.02.2008 passed by the third respondent. In fine, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. “ 11. There is no difference with reference to the facts of this case and that I have no hesitation to follow the abovesad order. G.O.Ms.No.324 dated 25.04.1995, has been issued providing advance increments/incentive increments to teachers, for the accomplishment of getting any higher degree, higher qualification, in pursuant to their desire and acquisition of such higher qualification should be for the purpose of imparting education to the students. In a given case, where a teacher takes classes for primary sections and acquires a doctorate degree and claims advance incentive or increments, acquisition of such qualification, certainly it is not for the benefit to the students in lower classes and that acquisition of higher qualification, is only personal accomplishment. 12. In view of the above, and having regard to the decision made in W.P.No.2791 of 2008 dated 24.09.2008 of this Court on similar set of facts and circumstances of this case, this Court is of the view that there is no manifest illegality in rejecting the request of the petitioner for advance increments and incentive increments. In fine, the writ petition is dismissed. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To 1. The Secretary to Government, 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, Dindigul Educational District, Dindigul. 4. The Headmaster, Government Higher Secondary School N.Panjampatti Dindigul District. +1 CC to Special Government Pleader (SR.No.32209) +1 CC to Hindu Associates, Advocate (SR.No.32086) Writ Petition (MD) No.10490 of 2011 and M.P.(MD) No.1 of 2011 RR 15.09.2011 NSV/10.10.11/5P/7C https://hcservices.ecourts.gov.in/hcservices/