JUDGMENT :

T.S. SIVAGNANAM, J.

(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order passed by this Court in W.P.(MD)No.1020 of 2019, dated 28.02.2020.)

1. The Writ Appeal has been filed by the Government is directed against the order dated 28.02.2020, in W.P.(MD) No.1020 of 2019, filed by the first respondent herein, who is a Secondary Grade Teacher in the second respondent school, an aided non-minority institution.

2. The first respondent prayed for issuance of a Writ of Certiorarified Mandamus to quash G.O.Ms.No.8 School Education (Elementary Education 1(2) Department, 28.04.2017, insofar as the clause refusing monetary benefits from the date of passing higher qualification and to quash the consequential order passed by the third appellant in A1/793/17 dated 26.10.2017, and consequently, to direct the appellants to award incentive increment to the first respondent for his M.Ed. degree with effect from 02.06.2003. In support of his submission, the first respondent/Writ Petitioner has placed reliance on the judgment of the Division Bench of this Court in R.Premkumari v. State of Tamilnadu, represented by its Secretary to Government and others reported in 2008(5