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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, J.
M. Balu - Petitioner
Vs.
The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Secretariat, Fort St. George, Chennai - Respondent
W.P.No. 31036 of 2018 and W.M.P.No. 36219 of 2018
Decided On : 09-11-2022
Incentive Increment - M.Phil in Physical Education - G.O.Ms No. 324, Education, Science and Technology Department, dated 25.04.1995; G.O.Ms. No. 177, School Education Department dated 13.10.2016 - The court held that the incentive increment for M.Phil decree in Physical Education was sanctioned with effect from 13.10.2016 and cannot be granted based on G.O.Ms. No. 324. The court also emphasized that decisions where there is no interpretation of the rules or the Government Orders with reference to the specific relief cannot be considered as a precedent for granting the same relief.
Fact of the Case:
The writ petitioner, a Physical Director Grade-I, sought incentive increment for acquiring the qualification of M.Phil in Physical Education. The competent authorities initially sanctioned the increment but later found no Government order to grant it. The petitioner relied on G.O.Ms No. 324, Education, Science and Technology Department, dated 25.04.1995, but the court found that the relevant subject for incentive increment was clarified in G.O.Ms 324 and M.Phil decree was not included.
Finding of the Court:
The court found that the incentive increment for M.Phil decree in Physical Education was sanctioned with effect from 13.10.2016 and cannot be granted based on G.O.Ms. No. 324. The court also emphasized that decisions where there is no interpretation of the rules or the Government Orders with reference to the specific relief cannot be considered as a precedent for granting the same relief.
Issues: The main issue was whether the petitioner was entitled to incentive increment for acquiring the qualification of M.Phil in Physical Education based on the relevant Government orders.
Ratio Decidendi: The court held that the incentive increment for M.Phil decree in Physical Education was sanctioned with effect from 13.10.2016 and cannot be granted based on G.O.Ms. No. 324. The court also emphasized that decisions where there is no interpretation of the rules or the Government Orders with reference to the specific relief cannot be considered as a precedent for granting the same relief.
Final Decision: The court directed the respondents to pay incentive increment for M.Phil Decree in Physical Education to the petitioner based on G.O.Ms. No. 177 dated 13.10.2016 and accordingly adjust the excess amount if any paid to the writ petitioner. The writ petition was disposed of with no costs.
ORDER :
The order of rejection, rejecting the claim of the writ petitioner for grant of incentive increment for acquiring the qualification of M.Phil in Physical Education, is under challenge in the present writ petition.
2. The petitioner states that he is working as Physical Director Grade-I and he acquired the qualification of M.Phil in Physical education. Accordingly, submitted an application for grant of incentive increment. The petitioner was initially sanctioned with the incentive increment and the competent authorities on verification found that there is no Government order to grant incentive increment for M.Phil in Physical Education during the relevant point of time.
3. The learned counsel for the petitioner relied on G.O.Ms No. 324, Education, Science and Technology Department, dated 25.04.1995 and states that the relevant subject would be sufficient for the purpose of granting of incentive increment. The petitioner studied M.Phil in physical education which is relevant to the post of Physical Director Grade-I and therefore he is entitled for the benefit of incentive increment.
4. The G.O. relied on by the petitioner i.e. G.O.Ms. No. 324, Education, Science and Technology Department, dated 25.04.1995 is a clarification issued with reference to the related subjects for which incentive increment be sanctioned. It is not a parent Government Order granting incentive increment with reference to M.Phil decree in physical education.
5. In the said G.O.Ms 324, Education, Science and Technology Department, dated 25.04.1995, the Government has stated that “in future Physical Education Teachers, incentive increments will be only in the area of physical education and the Director of School Education will identify the relevant courses"
6. The said portion of the Government Order is a clarification issued to the subordinate officials. It was clarified by the Government that the incentive increment to be sanctioned only in respect of the area of physical education and the Director of School Education was directed to identify the relevant courses. However, there is no Government Order to sanction incentive increment for M.Phil decree, in the year 1995.
7. The learned Special Government Pleader, brought to the notice of this Court that the Government granted incentive increment for M.Phil Decree in physical education only through G.O.(Ms).No. 177, School Education Department dated 13.10.2016. As per the said G..O, position has been stated in the counter affidavit as under :
| GO. Ms. No. 177/School Education [Paka 5(2)] Department Dated 13.10.2016 Physical Education Teachers, Physical Education Directors Grade I and II – incentive increments Higher Qualification Orders issued. [G.O. Issued following the Orders of the Hon'ble High Court Madras, in W.P. No. 15069 of 2016] | 1. (a) Physical Education Teacher (Secondary Grade Teacher Pay Scale) Basic qualification being Government Teachers Certificate in Physical Education Lower Grade or Higher Grade. 1. (b) Physical Education Teacher (Secondary Grade Teacher Pay Scale) Basic qualification being B.P.Ed., (or ) B.P. E.s., BM.S., 1. (c) Physical Education Teacher (Secondary Grade Teacher Pay Scale) Basic qualification being M.P.Ed., 2. (a) Physical Education Director Grade II (B.T. Assistant Teacher Pay Scale) Basic qualification being B.P./ed., (or) B.P.E.s., B.M.S. 2(b) Physical Education Director Grade II (B.T. Assistant Teacher Pay Scale) Basic qualification being M.P. Ed., (or) M.P.E.s., 3. Physical Education Director Grade I (P.G. Teacher Pay Scale) Basic qualification being M.P.Ed., (or) M.P.E.S., | (i) B.T. Or B.Ed., Degree (Before issue of G.O.No. 624/13.07.1992. (or) B.P.Ed., (or) B.P.E.s., B.M.S., any one or these. (ii) M.P. Ed., (or) M.P.E.S., (or) P.G. Diploma in Yoga by Recognized university or equivalent - 2nd incent |
Decisions where there is no interpretation of the rules or the Government Orders with reference to the specific relief cannot be considered as a precedent for granting the same relief.
The main legal point established in the judgment is that the incentive increment for M.Phil. degree is to be granted from the date of the Government order, and the scheme of incentive increment is a ....
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