Government policies on educational benefits must not retrospectively deprive employees of accrued rights, ensuring equal treatment under Articles 14 and 16, reinforcing the principle of vested rights.

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 factors of growth, performance and competitiveness in the national and international level. Intelligence quotient is a measurement of an individual's intellect and potential to understand their job performance matrix. Education is the foundation, from which the intelligence quotient of every individual stems up towards molding himself into a perfect, skilled, efficient manpower. Here is a case where the Government had consistently taken policy decisions as to the grant of cash awards/incentive increments to the employees of various Departments from time to time, for acquiring higher educational qualification while in service. Commencing from the Government Order in G.O.Ms.No.531, Finance Department, dated 25.04.1963, by the Government of Madras, by which one advance increment for passing the prescribed departmental Account Test came to be ordered by way of a scheme of rewards, till the latest impugned Government Orders in G.O.Ms.No.37, Personnel and Administrative Reforms (FR-IV) Department, dated 10.03.2020 and G.O.Ms.No.95, Human Resource Management (FR-IV) Department, dated 26.10.2023, by which the grant of incentive increment has been dispensed with effect from 10.03.2020 and allowing grant of lump sum amount for acquiring additional education qualification, the tale of grant of cash awards/incentive increments to the employees of the various Departments of the Government of Tamil Nadu has a chequered history.

2. Gist of the case:-

2.1. The petitioners are working as Secondary Grade Teachers, BT Assistants, Primary School Headmasters, Middle School Headmasters in the Government Schools (Panchayat Union, Primary and Panchayat Union Middle Schools) coming under the third respondent School Education Department. They have completed their higher qualifications, such as B.Ed and other post graduation degrees and they were not granted with the incentive increments. Originally, the State of Tamil Nadu, issued the Government Order in G.O.Ms.No.42, Education Department, dated 10.01.1969, by which a decision was taken to grant incentive increment to the Teachers for acquiring higher qualifications.

Thereafter, it was clarified by the Government vide G.O.Ms.No.1023, Education, Science and Technology Department, dated 09.12.1993, that the School Teachers are entitled for maximum of two sets of incentive increments for acquiring higher qualification. Hence, in view of those Government Orders, the petitioners are entitled for grant of two sets of incentive increments. But pointing out Clause No.6(VI) of the impugned Government Order in G.O.Ms.No.37, dated 10.03.2020, the request of the petitioners seeking grant of incentive increment for acquiring higher qualification was kept under cold storage stating that necessary permission is awaited from the first respondent. Tho