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B. PUGALENDHI
C. Janci – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary, Chennai – Respondent
JUDGMENT
(Common Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari calling for the records relating to the impugned orders passed by the fourth respondent in Na.Ka.No.573/Aa2/2020, dated 12.10.2020 and quash the same.)
Common Order:
1. The petitioners before this Court are Secondary Grade Teachers and they have applied for incentive increments, stating that they have obtained additional qualifications. Accordingly, they were also provided with incentive increments. The Department has now ordered for recovering the incentive increments holding that the same were obtained by misrepresentation. Challenging the orders of recovery, the petitioners have moved this Court.
2. Sum and substance of the submissions made by the learned Counsel for the petitioners are as follows:-
2.1.The petitioners have obtained the additional qualifications (degrees) only after getting prior permission from the Department and the degrees were obtained only from Government recognized Universities.
2.2. Only after due verification by the Department, the petitioners were granted with incentive increments. There was no misrep
The judgment established the conditions under which recovery of incentive increments was permissible, emphasizing the need for performance-based review of incentive increments for Teachers.
The main legal point established in the judgment is the eligibility for incentive increments based on additional qualifications, the permissibility of recovery, and the importance of performance-base....
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.
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 ....
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