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S. SRIMATHY
R. Latha Banu – Appellant
Versus
State of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings issued by the 1st respondent in Letter No. 3702/Tho.Ka1(2)/2017, dated 10.10.2017 and the consequential order of recovery issued by the 4th respondent in Na.Ka.No.30/A4/2018, dated 19.01.2018 and to quash the same and consequently, directing the respondents to continue to pay incentive increment to the petitioner for B.Ed., Degree with revision scale of pay with reference to recommendations of VII Pay Commission.)
1.The issues involved in these writ petitions are one and the same, hence they are taken up together, heard and disposed of by this common order.
2. The brief facts of the case as stated in W.P.(MD).No.6837 of 2018 is that the writ petitioner was appointed as Secondary Grade Teacher in Elementary Education Department on 19.08.1988. The petitioner acquired qualification of B.Lit., in the year 2002 based on the said qualification the petitioner was promoted as Primary School Headmaster on 30.12.2004, then promoted as Tamil Pandit on 05.11.2007. Subsequently, the petitioner was promoted as Middle
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 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 ....
Payment of incentive increments based on higher qualifications gained should not be reclaimed unless based on misrepresentation or fraud.
Teachers are entitled to incentive increments for higher qualifications relevant to the subjects they teach, as established by G.O. provisions, despite contrary departmental letters.
The main legal point established in the judgment is that a teacher is entitled to get two incentive increments in his entire service and that the grant of third incentive increment is impermissible.
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