1. The petitioner was in possession of B.T. qualification. However, she was appointed as Secondary Grade Teacher on 21.09.1987, as no person was available with Secondary Grade qualification at that time.

2. While appointing B.T. Assistants in the post of Secondary Grade Teacher, it was stated that such Teacher could not claim incentive increment for their Graduation and B.Ed., qualification.

3. In this case, the petitioner was appointed as Secondary Grade Teacher on 21.09.1987 and her service was regularised on 01.06.1988. Prior to that, she was appointed on contract basis. For acquiring M.Ed., she was granted incentive increment on 04.06.1990. Likewise, she acquired M.A., degree for which she was granted another incentive increment on 25.06.1999.

4. While so, an audit objection was made on 25.09.2002 stating that the petitioner, who is a B.T. Assistant appointed to the post of Secondary Grade Teacher is not entitled to incentive increment for acquiring higher qualification. Hence, the impugned order was passed for recovery and refixation.

5. In these circumstances, the petitioner has filed this writ petition seeking for a direction to the respondents not to recover any amount fro