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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice J.SATHYA NARAYANA PRASAD
P.M.Alphonse – Appellant
Versus
Commissioner of School Education, Chennai – Respondent
ORDER :
1. This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings issued by the 2nd respondent in Na.Ka.No.5158/Aa3/2021 dated 30.11.2021 and to quash the same and consequently direct the respondents to sanction incentive increment to the petitioners for acquiring M.Phil., degree as per G.O(1D)No.18, School Education Department dated 18.01.2013 in ratification of M.Phil., degree obtained by the petitioner in the year 2013, without entry in the service record, with all consequential and other attendant benefits, including arrears of salary, within a stipulated period.
2. The petitioner was initially appointed as B.T.Assistant (Maths) in School Education on 16.09.2005. While so, he acquired higher qualification of M.Phil., degree after obtaining permission from the Headmaster of the school, whereas the same has not been entered in the Service Record since the M.Phil., degree is not relevant for promotion or for incentive.
3. The Government issued orders in G.O(1D).No.18 School Education Department dated 18.01.2013 to grant incentive increment for M.Ed., or M.Phil., or Ph.D., degree on condition th
Incentive increments for teachers acquiring higher qualifications are to be granted even without prior permission if obtained before relevant government orders, emphasizing the non-retrospective appl....
The main legal point established is the prospective implementation of government orders granting financial benefits and the obligation to recover any erroneously granted excess money.
Incentive increments for teachers cannot be denied based on the mode of degree acquisition, as prior permission for higher education is a regulatory requirement, not a disqualifying factor.
The court affirmed that teachers are entitled to incentive increments for higher qualifications, regardless of prior permission for study mode.
The eligibility for employment does not preclude the grant of incentive increments for higher qualifications obtained through correspondence by teachers.
Incentive increments for teachers cannot be denied based on the lack of prior permission for higher education, as the policy aims to encourage qualification enhancement.
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