The right to receive incentive increments for possessing higher qualifications at the time of entry into service and the violation of the right to equality as enshrined in Articles 14 and 16 of the Constitution.

JUDGMENT :

(Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in O.Mu.No.293/A3/2020 dated 12.06.2020 of the 1st respondent herein and quash the same and consequently direct the respondents 1 and 2 herein to award incentive increments to the petitioner's M.A. and M.Ed., degree with effect from 29.04.1993 with all attendant benefits and privileges in the light of the judgment reported in 2008 (5) MLJ 1349 and order dated 05.03.2018 in W.A.(MD)No.895 of 2013 of the Hon'ble Division Bench of this Court.)

The request of the petitioner herein to award the incentive increments for M.A., and M.Ed., qualifications, with effect from the date of appointment i.e., 29.04.1993, has been rejected by the first respondent herein, through the impugned order, dated 12.06.2020, predominantly, on the ground that the petitioner had already given an undertaking at the time of her appointment that she will not claim incentive increments.

2. This issue has been consistently held in favour of the teachers to whom the incentive increments have been denied in view of the undertaking. In one such decision passed in W.P.(MD).No.57 of 2019, dated 28.02.2020, in the case of A.Masanamuthu Vs. The Government of Tamilnadu and others, this ratio was held in the following manner:

“2. The respondents herein have taken a stand that the appointment of the petitioner itself is to the effect that the petitioner will not claim any incentive increment. The issue as to whether such stand taken by the respondents has already been considered by the two Division Bench of this Court. In the case of R.Premkumari Vs. State of Tamilnadu, represented by its Secretary to Government and others, the Division Bench of this Court was of the view that a person, who enters into service after having acquired qualification, would be entitled to get the incentive increment and any other view, contrary to the same would be opposed to the right of equality as enshrined in Articles 14 and 16 of the Constitution of India. The relevant paragraphs of the order read as follows:

'7. The learned single Judge has observed "Incentive increments are granted only for persons acquiring higher qualifications while in service but not to a person, who possesses a higher qualification even before entering into service".

8. We do not think the aforesaid observation of the learned single Judge can stand the scrutiny of logic or even reality. The obvious intention in granting an incentive increment is for attracting higher qualified people or for encouraging the existing employees to acquire higher qualification, even though in service, so that the quality of service would improve. This is obviously on the assumption that a higher qualified person could work more efficiently. Therefore, it defies logic as to why a person who had already qualified would not get an incentive increment, if such an incentive increment is given to a lower qualified person in service, who acquires subsequently such higher qualification. Such a differential treatment would not stand the scrutiny of right to equality as enshrined in Articles 14 and 16 of the Constitution.

9. That apart, if the relevant G.Os are examined carefully, it can be safely concluded that the G.Os in reality do not intend to lay down in the manner it has been now concluded by the learned single Judge. We have already extracted the relevant portions of the G.Os. The underlined portion of G.O.Ms.No.42 dated 10.1.1969 indicates that if a person possessing higher qualification enters into service, his initial pay may be fixed by giving advance increments. Similarly in the subsequent G.O.Ms.No.747, dated 18.8.1986, paragraph 2 makes it clear that "the P.G. teachers and Headmasters of Higher Secondary Schools who possess or acquire Post Graduate qualification in education i.e. M.Ed., Degree shall be granted two advance increments