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.

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 writ petitioners are not entitled for any further increments. This Court is of an opinion that a teacher on acquisition of higher qualifications is entitled for two incentive increments amounting to four increments in as per the scheme. The grant of incentive increments is required to be granted on all the teachers on acquisition of higher educational qualification. The issue in this regard has been elaborately dealt with by this Court in batch of writ petitions in W.P.No.6408 of 2014 dated 20.08.2018, and the relevant paragraphs are extracted hereunder.

“3. The entire case of the writ petitioner rest on the ground that the similarly placed persons, who served in the promotional cadre of P.G.Assistant were sanctioned with the third incentive increment on acquisition of higher qualification of M.Phil., Degree. Thus, the same benefit is to be extended to the writ petitioner also.

4. However, the learned counsel appearing on behalf of the writ petitioner raised certain questions in respect of grant of incentive increment for the Teachers, who are working in Education Department. Thus, this Court has to deal with those Government orders and the judgments referred for the purpose of regulating these incentive increments to be granted to the Teachers, who are working in Education Department and acquiring additional qualifications for the purpose of getting these incentive increments.

5. The very basis for grant of incentive increment is to encourage the school teachers to acquire additional qualification, which would be useful for the students and for the improvement of the Education System in our great Nation. The Government, at the first instance, issued G.O.Ms.No.42, Education Department dated 10th January 1969, stating that “the Government have already accepted in principle that incentive payments and awards should be given to the teachers in Schools who acquire higher educational qualifications”. Accordingly, the proposal of the Director of School Education has been accepted and the eligibility criteria also has been fixed in the above Government orders. However, the original order did not contain several other Degrees and circumstances, which aroused subsequently on account of various developments in the Education Department. The prevailing situation in the year 1969 was considered and the Government order was passed. However, the concept of grant of incentive increment continued even thereafter in respect of the acquisition of additional higher qualifications by the Teachers. In continuation of the said G.O.Ms.No.42, Education Department, the Government issued G.O.Ms.No.107, Education Department, dated 20.01.1976. In the said G.O., the benefit of the incentive increments were granted to the Tamil Pandits also.

6. The Government issued L