The purpose of granting incentive increments is to encourage teachers to acquire higher qualifications, and teachers who already acquired higher qualifications are also entitled to incentive increments.

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 from her on the basis of the audit objection and sought for a consequential direction to the respondents not to refix her pay.

6. When the matter came up for admission, the Tribunal granted interim stay of recovery on 12.12.2002, which reads as follows:

“This application is filed by Tmt. G. Meenalochini, challenging the order of recovery passed against her by the respondent, as per which, she has been directed to remit certain amount alleged to have been received in excess of salary due to her. The orders of recovery have been passed on 25.9.2002 and this seems to have been communicated to the applicant a bit later. The amount has been ordered to be recovered from the salary of the applicant in future. The order has not been passed after giving notice to the applicant. Therefore, Interim stay from recovering the amount mentioned therein. Admit. Notice and counter by eight weeks.”

7. A reply affidavit is filed by the respondents, wherein the aforesaid facts are not disputed. It is stated therein that though the petitioner did not possess Secondary Grade qualification, she was appointed as Secondary Grade Teacher based on her B.T. qualification. At the time of appointment, it was made clear that the petitioner could not be given incentive increment for acquiring higher qualification.

8. Heard the submissions made on either side and perused the materials available on record.

9. If the petitioner is granted incentive increment for her degree and B.Ed. qualification, while she was holding the post of Secondary Grade Teacher, the same are not correct and the excess amount paid towards incentive increment for the degree and B.Ed., qualification shall be recovered and refixation shall be made. But it is not so.

10. On the other hand, the petitioner claims incentive increment for acquiring Post Graduate Degree namely M.A., and M.Ed. The very purpose of granting incentive increment is to encourage the Teachers to acquire higher qualification as the same would ultimately benefit the students. The knowledge acquired by the Teachers by acquiring higher qualification is rewarded by way of incentive increment only for the benefit of the students. The petitioner acquired Post Graduate Degree as well as M.Ed., qualification for which incentive increment was rightly paid. But unfortunately, the audit made objection as if the petitioner is not entitled to incentive increment for higher qualification, namely degree and B.Ed., which was a condition made at the time of appointment. Since the petitioner was appointed as Secondary Grade Teacher, due to the non availability of Secondary Grade qualified persons, a condition was imposed that the such Teacher could not claim incentive increment for the degree and B.Ed., qualification. But the same cannot be stretched to deny incentive i