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2014 Supreme(Mad) 2646

D.HARI PARANTHAMAN
G. Korakumari – Appellant
Versus
State of Tamilnadu Rep. By Its Secretary To Govt. – Respondent


Advocates Appeared:
For the Petitioner: P. Ganesan for M/s. C.S. Associates.
For the Respondents:R1 to R3, M/s. P. Rajalakshmi, Government Advocate.

Judgment :

1. Heard both sides.

2. The petitioner is a Physical Education Director Grade I in the fourth respondent Higher Secondary School. The petitioner acquired M.Phil in Physical Education on 29.12.1995. She claimed incentive increment for the aforesaid qualification. Since the same was not granted, she has filed this writ petition.

3. A counter affidavit is filed by the third respondent resisting the allegation. It is stated that the P.G. Teachers who obtained higher qualification viz., M.Phil/Ph.D./P.G. Diploma would be granted incentive increment, only if they get the higher qualification before 01.03.1993 as per G.O.Ms No.1170, Education Science and Technology Department dated 20.12.1993. Since the petitioner obtained the higher qualification only after the aforesaid cut off date, the petitioner is not entitled to incentive increment. Further, it is stated in the counter affidavit that the third respondent by his letter in L.Dis.No.4635/B2/2008 dated 04.05.2011, rejected the request of the petitioner.

4. As far as the letter L.Dis.No.4635/B2/2008 dated 04.05.2011, by the third respondent is concerned, the same is not rejecting the request of the petitioner for incentive i





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