Name of Category
Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. SRIMATHY, J.
M. Ambika Rajalakshmi (died) & Others - Appellant
Versus
The District Elementary Educational Officer, Karur & Anothers - Respondent
W.P.(MD). No. 16717 of 2015
Decided On : 02-06-2022
Incentive Increment - Educational Qualifications - Rule 6 and Annexure referred to in Rule 6(B)(i) of the Special Rules for the Tamil Nadu Elementary Educational Subordinate Service - The court discussed the qualifications required for the post of Headmasters of the Middle School and the interpretation of B.Lit., B.T., and B.Ed. degrees as equal qualifications for promotion. The court also considered the impact of G.O.Ms.No.42 Education Department, dated 10.01.1969, G.O.Ms.No.1022 Education Department dated 22.06.1971, and G.O.Ms.No.1023 Education Department dated 09.12.1993 on the eligibility for incentive increments. The judgment highlighted the principle that incentive increment is granted only for higher qualifications and not for basic qualifications, and the cancellation of incentive increments for all higher qualifications as per G.O.Ms.No.37 Personnel Administrative Reforms (Fr-141) dated 10.03.2020.
Fact of the Case:
The petitioner sought incentive increment for M.A. and B.Ed. degrees with effect from the date of passing of the said degrees. The respondents refused the incentive increment for B.Ed. degree based on the interpretation of qualifications and the impact of government orders.
Finding of the Court:
The court found that the petitioner was not entitled to incentive increment for B.Ed. degree as it was not considered a higher qualification after being promoted based on B.Lit. degree. Additionally, the cancellation of incentive increments for all higher qualifications as per G.O.Ms.No.37 Personnel Administrative Reforms (Fr-141) dated 10.03.2020 further supported the denial of the incentive increment.
Issues: The issues revolved around the eligibility for incentive increments for educational qualifications, the interpretation of qualifications for promotion, and the impact of government orders on incentive increments.
Ratio Decidendi: The court established that incentive increment is granted only for higher qualifications and not for basic qualifications. It also emphasized that the cancellation of incentive increments for all higher qualifications as per G.O.Ms.No.37 Personnel Administrative Reforms (Fr-141) dated 10.03.2020 affected the petitioner's entitlement to incentive increments.
Final Decision: The Writ Petition was dismissed, and the petitioner was not entitled to incentive increments for M.A. and B.Ed. degrees.
JUDGMENT
(PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in Na.Ka.No.274/A1/2015 dated 02.07.2015 of the second respondent herein and quash the same and consequently direct the respondents herein to award incentive increment for the M.A and B.Ed. degrees with effect from the date of passing of the said degree to the petitioner herein.)
1. This Writ Petition has been filed to quash the impugned order dated 02.07.2015 and consequently direct the respondents to grant incentive increment for M.A., and B.Ed., degree with effect from the date of passing of the said degree.
2. The brief facts of the case are that the petitioner passed S.G.T.T in the year 1989. On 27.01.1999, the petitioner was appointed as Secondary Grade Teacher in the Panchayat Union Primary School, Sonampatti, Kadavoor Union, Karur District. The petitioner got permission from the respondent to study B.Lit. (Tamil) and passed in the year 1997. Thereafter, on 01.06.2000, the petitioner was promoted as Elementary School Headmistress in the Panchayat Union Primary School based on the qualification of B.Lit. Thereafter, the petitioner got permission to study M.A.(Tamil) and passed in the year 2001. Thereafter, on 06.11.2007, the petitioner was promoted as Middle School Headmistress in the Panchayat Union Middle School. At present, the petitioner is serving as Middle School Headmistress. In the year 2014, the petitioner passed B.Ed., degree.
3. As per Rule 6 and Annexure referred to in Rule 6(B)(i) of the Special Rules for the Tamil Nadu Elementary Educational Subordinate Service Rule prescribes qualification for the post of Headmasters of the Middle School is as under:
| Name of Category | Method of Appointment | Qualification |
| Headmaster of Middle Schools (B.Ed., grade) | Promotion and Transfer | 1. A degree of any University in the State or a degree of equivalent standard and B.T. or B.Ed. degree of any University in the State or |
4. In this, the B.Lit., degree was recognized and was brought as a feeder category to be promoted as Headmaster along with candidates who are having B.T. or B.Ed. In short, the candidates possessing B.T., B.Ed., and B.Lit., are kept on par for considering promotion. Since the petitioner is having B.Lit. (Tamil), and B.Lit., is prescribed as one of the qualification as Middle School Headmaster, on 06.11.2007, the petitioner was promoted as Middle School Headmaster. The contention of the petitioner is that the respondents have taking into consideration of the Government Orders in G.O.Ms.No.42 Education Department, dated 10.01.1969, G.O.Ms.No.1022 Education Department dated 22.06.1971 and G.O.Ms.No.1023 Education Department dated 09.12.1993 and grant incentive increment to the petitioner vide proceedings dated 15.09.2013 to the B.Ed., degree to several teachers in the Karur District. Based on the Government Order, the petitioner has applied before the second respondent for awarding two incentive increments for M.A., and B.Ed. The respondents by relying on G.O.Ms.No.1383 (Education) dated 23.08.1988 by stating that the candidates with qualification of B.Lit., were given promotion as special instance and after the said promotion, if the candidate has pa
AI
Incentive increment is granted only for higher qualifications and not for basic qualifications. The cancellation of incentive increments for all higher qualifications as per G.O.Ms.No.37 Personnel Ad....
The main legal point established in the judgment is that the eligibility for incentive increments for acquiring higher qualifications by teachers is determined by the specific provisions of governmen....
The acquisition of a B.Ed. degree is not an additional qualification for incentive increment purposes, as it is equivalent to existing minimum qualifications for promotion.
Incentive increment is a concession granted to encourage teachers to acquire higher educational qualifications relevant to the subject they teach, and recovery of incentive increment after more than ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top