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2022 Supreme(Mad) 3131

S. M. SUBRAMANIAM
C. Nandhakumar – Appellant
Versus
Director of School Education, Chennai – Respondent


Advocates appeared:
For the Petitioner:J. Jayamalan, S. Nedunchezhiyan, Advocate. For the Respondents: R1 to R4, S. Anitha, Special Government Pleader.

JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to sanction incentive increment for the petitioner with effect from the date of promotion to the post of PG Assistant for acquiring M.Phil., degree based on the representation submitted by the petitioner dated 07.10.2014 with arrears of salary with interest, within a time frame to be fixed by this Hon'ble Court.)

1. The Hon'ble Division Bench of the Madras High Court, settled the issue in the matter of grant of incentives to the Teachers across the State of Tamil Nadu. Accordingly, a Teacher is eligible to get two incentive increment in entire service. The third incentive for acquiring additional qualification is impermissible with reference to the Government Orders in force. The order of the Division Bench as well as the Government Orders and other orders are all adjudicated by this Court elaborately in W.P.Nos.56 to 58 of 2018 dated 29.08.2018. The relevant paragraphs are extracted hereunder:

“3. The learned Government Advocate appearing on behalf of the respondents states that as per G.O.Ms.No.107 Education Department dated 20.01.1976, the

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