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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.S. SUNDAR, J.
V.S. Lalitha – Appellant
Versus
The Director of School Education, College Road, Chennai & Others – Respondents
W.P.(MD) No. 6658 of 2015 & M.P.(MD) Nos. 2 & 3 of 2015
Decided on : 04-10-2021
Constitution of India,1950 – Article 226 - Certiorarified Mandamus - Repay two incentive increments - This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash impugned proceedings of third respondent, cancelling incentive increments to petitioner and directing petitioner to repay two incentive increments already paid to him for acquiring additional qualification and to direct respondents to continue to pay salary to petitioner with two advance incentive increments along with all attendant benefits - Petitioner was appointed as Secondary Grade Teacher in fourth respondent School - Even at the time of appointment, petitioner possessed B.Sc., and B.Ed. Though minimum prescribed qualification for post of Secondary Grade Teacher is a Diploma in Teacher Education, petitioner was appointed with higher qualification with effect - It is not disputed that petitioner's appointment was approved by first respondent – Held, this Court is unable to countenance any of arguments of learned Government Advocate for simple reason that petitioner has not even violated terms of appointment - Petitioner's appointment was, of course, subject to a condition that she will not claim incentive increment for higher qualification, she had at the time of her appointment - That does not mean that the petitioner never claim incentive increment even if she acquires higher qualification subsequent to her appointment - This Court is unable to consider judgments relied upon by the learned Government Advocate, as a precedent in this case in view of the facts and peculiar circumstances noted in the said judgments - Accordingly, the Writ Petition is allowed - Consequently, connected miscellaneous petitions are closed.
JUDGMENT :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for records relating to the impugned proceedings issued by the third respondent District Educational Officer in Na.Ka.No.7496/A2/2014 dated 24.02.2015 (cancelling the incentive increment sanctioned to the petitioner and to further direct the petitioner to repay the two advance incentive increments already paid with effect from 27.05.1999 for acquiring the additional qualification of M.Ed. Degree) to quash the same and to further direct the respondents herein to continue to pay salary of the petitioner from the month of February 2015 with two advanced incentive increment which the petitioner has been drawing since 27.05.1999 with all attendant benefits.)
1. This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned proceedings of the third respondent, dated 24.02.2015, cancelling the incentive increments to the petitioner and directing the petitioner to repay the two incentive increments already paid to him for acquiring additional qualification and to direct the respondents to continue to pay salary to the petitioner from the month of February 2015 with two advance incentive increments along with all attendant benefits.
2. Heard Mr.Ragatheesh, learned Counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate appearing for the respondents 1 to 3.
3. The petitioner was appointed as Secondary Grade Teacher in the fourth respondent School, namely, A.V.D.Higher Secondary School, Ganapathypuram, Kanyakumari District. Even at the time of appointment, the petitioner possessed B.Sc., and B.Ed. Though the minimum prescribed qualification for the post of Secondary Grade Teacher is a Diploma in Teacher Education, the petitioner was appointed with higher qualification with effect from 04.06.1993. It is not disputed that the petitioner's appointment was approved by the first respondent. However, the approval was subject to the following conditions:
b) The petitioner shall not claim incentive increments for higher qualifications.
c) The petitioner shall be paid only in the scale of pay admissible to Secondary Grade Teacher.
4. The approval of the petitioner's appointment though was on 18.10.1996, it was with effect from 04.06.1993. It is stated by the petitioner that after the petitioner's appointment, the petitioner acquired M.Ed degree from Annamalai University in the year 1999. It is also stated that as per G.O.Ms.No.42 (Education), dated 10.01.1969, the petitioner became eligible to get two advance incentive increment for acquiring M.Ed., degree. When the petitioner made an application requesting for incentive increment for acquiring M.Ed degree, the third respondent sanctioned the incentive increments by proceedings, dated 08.05.2010, with effect from 27.05.1999. The petitioner was receiving pay with two additional increments for acquiring higher qualification. However, by the impugned order, the third respondent cancelled the increments sanctioned to the petitioner for acquiring M.Ed., degree and instructed the School to submit the salary bill without incentive increment and to recover the money paid towards the incentive increments from the petitioner. Challenging the order, dated 24.02.2015, cancelling the increment and to recover the entire amount paid to the petitioner towards the incentive increment for acquiring M.Ed degree, the above Writ Petition is filed.
5. The learned Counsel appearing for the petitioner submitted that the undertaking given by the petitioner was that she will not claim incentive increment for the higher qualification, she had at the time of appointment and that the petitioner cannot be denied incentive increment for acquiring M.Ed qualification in 1999. It is further submitted that there is no Government Order to deny the
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