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2009 Supreme(Mad) 3969

D.HARIPARANTHAMAN
R. Dhanagopal – Appellant
Versus
The Government of Tamilnadu Rep. By Secretary to Government School Education Department, Chennai & Others – Respondent


Advocates Appeared:
For the Petitioner:R. Saseetharan, Advocate.
For the Respondents:P. Muthukumar, Government Advocate.

Judgment :-

The Original Application in O.A.No.1598 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as the "Tribunal") is the present writ petition.

2. The petitioner is working as Primary School Headmaster in a Panchayat Union in Trichy District. He obtained M.A. degree through Open University System in November 1994. He was granted incentive increment for acquiring higher qualification. Thereafter he acquired B.Ed., qualification on 18.09.1996. He was granted incentive increment for acquiring B.Ed., qualification from 18.09.1996.

3. While so, the first respondent issued an order in G.O.Ms.No.307, School Education Department, dated 112. 2000 stating that the persons, who acquired Post Graduate degree through Open University System, would be given incentive increment from the date of the said Government Order.

4. In view of the said G.O.Ms.No.307, the second respondent issued a proceedings dated 112. 2000, directing his subordinates to recover the incentive increments given for acquiring Post Graduate degree through Open University System before 112. 2000. Based on the order dated 112. 2000 of the second respondent, the third respondent issued an ord







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