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2008 Supreme(Mad) 1515

P.MURGESEN, P.K.MISRA
R. Premakumari – Appellant
Versus
State of Tamil Nadu, Rep. By its Secretary to Government – Respondent


Advocates Appeared:
For the Appellant:M.C. Swamy, Advocate. For the Respondents:R1 to R3, R. Manoharan, Govt. Advocate.

Judgment :-

P.K. Misra, J.

The present appellant was working as Post Graduate Assistant under the fourth respondent school with effect from 4.11.1996, after having obtained M.A. (English) in 1983, B.Ed., in 1987, M.Phil. in 1989, M.Ed., in 1991 and M.A. (Sociology) in the year 1995. Her basic pay had been fixed at Rs.1,820/- in the scale of pay of Rs.1820-60-2300-75-3200. Subsequently, such pay was fixed as per the revised scale of pay at Rs.5900/- in the scale of pay of Rs.5900-200-9900 and ultimately fixed in the scale of pay of Rs.6500-200-10500 in the year 1998. She was granted an incentive increment for having obtained M.Ed. qualification and another incentive increment for having obtained M.Phil qualification. While the matter stood thus, the Director of School Education issued order in Proceedings Na.Ka.No.147502/K2/2000 dated 18.10.2000 indicating that the teachers who are appointed between 1.1.1996 to 13.4.1998 were not eligible to incentive increments. Since recovery was sought to be made on the basis of such order passed by the Director, the appellant filed representation, which was turned down. Subsequently, she filed W.P.No.1260 of 2001, which was dismissed on 17.10.2006





























































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