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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MS. JUSTICE R. POORNIMA
Raja Mohamed – Appellant
Versus
Director of School Education, DPI Campus, Chennai – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for incentive increment based on relevant qualifications. (Para 1) |
| 2. eligibility for incentive increment based on qualifications. (Para 2) |
| 3. arguments regarding the interpretation of relevant government orders. (Para 3 , 4) |
| 4. respondents' arguments regarding eligibility for increments. (Para 5 , 6 , 7 , 8) |
| 5. court's findings and interpretation of applicable government orders. (Para 9 , 11 , 12 , 14) |
| 6. court observations on the applicability of government orders. (Para 10 , 13) |
| 7. final ruling on entitlement to incentive increment. (Para 15 , 16) |
ORDER :
This Writ Petition is filed by the petitioner with a prayer to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in O.Mu.No.8005/ A4/2015 dated 20.07.2016 on the file of the respondent No.4 and quash the same as illegal and consequently direct the 4th respondent to approve the refixation of salary of the petitioner by granting incentive increment to the petitioner for M.C.A., degree with effect from 15.09.2011 with all consequential benefits.
2. The brief case of the writ petitioner are as follows:
(a) The petitioner completed B.Sc Physics degree in the
Petitioner entitled to incentive increment for M.C.A. degree as it pertains to the Higher Secondary syllabus, despite conflicting Government Orders.
Educational qualifications eligible for incentive increments must align with roles specified by government orders relevant to the Higher Secondary syllabus, ensuring teachers receive due recognition ....
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.
Payment of incentive increments based on higher qualifications gained should not be reclaimed unless based on misrepresentation or fraud.
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....
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 ....
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 ....
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