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 concession extended to the Teachers and should be implemented scrupulously in accordance with the terms and conditions stipulated in various Government orders.

JUDGMENT

Common Order:

1. The Clarificatory letter issued by the Government in Letter(Ms).No.129, School Education [(PK5(2)] 2013-1 dated 17.07.2013 and the consequential proceedings dated 06.07.2015, 28.06.2016 and 23.06.2016 are sought to be quashed in the present writ petitions. Further, direction is sought for to grant incentive increment to the petitioners for M.Phil degree from the date following the last date of M.Phil Examination.

Facts of the case in W.P.No.1394 of 2016:

2. The petitioner states that he was initially appointed as Junior Grade B.T. Assistant (Science) in proceedings dated 21.12.2006 on a consolidated pay salary of Rs.3,000/- per month. The petitioner was brought under the regular time scale of pay with effect from 01.01.2006. Accordingly, he is continuing as B.T. Assistant (Science). The petitioner passed B.Sc. degree in Botany in April 1988 through the Bharadhidasan University and B.Ed. degree through Madras University in November 1990. Thereafter, he acquired M.Sc. degree in December 1998 at Tiruvannamalai University and M.Phil. degree in June 2008 through Annamalai University.

2.1. The petitioner states that he is entitled for second incentive increment for the M.Phil. degree acquired by him as per G.O.(1D).No.18, School Education Department dated 18.01.2013. As per the clarificatory order issued by the Government of Tamilnadu, second incentive increment for M.Phil. degree will be sanctioned from the date of issuance of G.O.(1D).No.18, School Education Department dated 18.01.2013 and not from the date following the date of last examination of the degree. Initially, the benefit of second incentive increment was granted to the writ petitioner from the date following the date of last examination of that degree, which was objected by the Audit policy. Consequently, based on the impugned clarificatory letter issued by the first respondent, the fourth respondent issued the impugned orders in proceedings dated 06.07.2015, granting the second incentive increment from the date of the Government Order in G.O.(1D).No.18, School Education Department dated 18.01.2013 and the excess amount granted is also sought to be recovered. Thus, the petitioner is constrained to move the present writ petition.

Facts of the case in W.P.No.26752 of 2016:

3. The petitioner states that he was initially appointed as B.T. Assistant Teacher in Mathematics by the order of the Joint Director of School Education, Chennai dated 10.07.2004 on a consolidated pay salary. His services were regularized in the post of B.T. Assistant from 01.06.2006 in regular time scale of pay. Accordingly, he is continuing as B.T. Assistant (Mathematics). The petitioner acquired B.Sc., degree in April 2000, M.Sc., in May 2002 and B.Ed in April 2003, after his appointment. He acquired M.Phil. degree in the year 2007.

3.1. The petitioner states that he is entitled for second incentive increment for the M.Phil. degree acquired by him as per G.O.(1D).No.18, School Education Department dated 18.01.2013. As per the clarificatory order issued by the Government of Tamilnadu, second incentive increment for M.Phil. degree will be sanctioned from the date of issuance of G.O.(1D).No.18, School Education Department dated 18.01.2013 and not from the date following the date of last examination of the degree. Initially, the benefit of second incentive increment was granted to the writ petitioner from the date following the date of last examination of that degree, which was objected by the Audit policy. Consequently, based on the impugned clarificatory letter issued by the first respondent, the fifth respondent issued the impugned order in proceedings dated 28.06.2016, granting the second incentive increment from the date of the Government Order in G.O.(1D).No.18, School Education Department dated 18.01.2013 and the excess amount granted is also sought to be recovered. Thus, the petitioner is constrained to move the present writ petition.

Facts of the cas