Back
L. VICTORIA GOWRI
A. Kayalvizhi, P. G. Assistant (Chemistry) – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned G.O.(Ms).No.95, Human Resources Management (FR-IV) Department, dated 26.10.2023, issued by the first respondent Chief Secretary to Government, quash the same, in so far as it restricts the petitioners herein from the grant and payment of incentive increments for acquiring their respective additional higher educational qualifications viz., M.Phil., degree and further direct the respondents herein to sanction and award forthwith the incentive increment (2 advance increments) to the petitioners herein for acquiring their respective additional higher educational qualification viz., M.Phil., degree in terms of the G.O.(Ms)Nos.37 and 116, Personnel and Administrative Reforms (FR-IV) Department, dated 10.03.2020 and 15.10.2020 respectively with all arrears and attendant benefits.
Prelude:-
Education appears to be the most consistent, robust and durable method for augmenting intelligence. Humans with greater propensity for intelligence go on to complete more education. Higher education is one of the vital factor
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.
Payment of incentive increments based on higher qualifications gained should not be reclaimed unless based on misrepresentation or fraud.
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....
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 court affirmed that teachers are entitled to incentive increments for higher qualifications in any subject part of the higher secondary syllabus, overriding contrary administrative clarifications....
Appellants are not justified in contending that M.Ed. degree cannot be relied upon by first respondent for claiming increment - Thus first respondent is entitled for payment of incentive increment fo....
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
