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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE B.PUGALENDHI
Mabel Christy Starina – Appellant
Versus
Secretary to Government, Education Department, State of Tamil Nadu, Secretariat – Respondent
ORDER :
(B. PUGALENDHI, J.)
The petitioner is working as a Secondary Grade Teacher in the 4th respondent School. During her service, she studied and passed B.Lit. (Tamil) in the month of May 2010, M.A. (Tamil) in the month May 2012 and B.Ed. Degree in the month of December 2014. Therefore, she applied for incentive increments. But, the 3rd respondent rejected the same by his proceedings dated 31.10.2014. Challenging the same, the petitioner has filed this writ petition.
2. The learned counsel appearing for the petitioner submits that the petitioner is entitled for incentive increments at par with others. According to him, the Government is providing incentive increment for acquiring higher education. He further submits that the similarly placed persons, who have acquired B.Lit.(Tamil), M.A. and B.Ed. have been provided incentive increments. Therefore, he requests this Court to grant similar relief to the petitioner. The learned counsel has also relied on the Judgment of the Division Bench of this Court in W.A.(MD)No.1124 of 2023, dated 24.07.2023.
3. The learned Special Government Pleader for the respondents 1 to 3 submits that the Government, vide G.O.Ms.No.37, Personnel and Administr
Eligibility for incentive increments requires prior permission from authorities before pursuing higher education, which the petitioner failed to obtain.
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....
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 ....
The eligibility for employment does not preclude the grant of incentive increments for higher qualifications obtained through correspondence by teachers.
The right to receive incentive increments for possessing higher qualifications at the time of entry into service and the violation of the right to equality as enshrined in Articles 14 and 16 of the C....
The court affirmed that teachers are entitled to incentive increments for higher qualifications, regardless of prior permission for study mode.
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.
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