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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
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 year 2001 and later completed M.C.A degree in the year 2004. He had also completed B.Ed degree in the year 2010. Subsequently, he was appointed in the post of B.T. Assistant in Science at Pachaiyappa High School, Uppukkottai, Theni District on 15.09.2011 and working in the above said school for the past five years without any blemish in service. The said school is a Government aided school which comes under the control of the fourth respondent.
(b) The Government Order regarding incentive increment in G.O.(Ms)No.324, Education, Science and Technology Department (E2)dated 25.04.1995
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 ....
Petitioner entitled to incentive increment for M.C.A. degree as it pertains to the Higher Secondary syllabus, despite conflicting Government Orders.
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 ....
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