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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs.Justice V.Bhavani Subbaroyan, J
N.S.Balasubramaniam – Appellant
Versus
Director of School Education (Service Division) – Respondent
ORDER :
V.Bhavani Subbaroyan, J.
This petition is filed seeking to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in proceedings having Ref.No.Na.Ka.No.2915/E14/2019, dated 10.01.2020 raising audit objection to the grant of incentive to the petitioner who is working as B.T Assistant in the Government Municipal Higher Secondary School, Gudiyatham, Vellore, for the M.Phil Degree obtained through part time mode and ordering recovery of the incentive granted to the petitioner from the salary of the petitioner from 14.08.2018 and quash the same as arbitrary and consequently direct the 1st respondent to continue to pay the incentive amount to the petitioner for having acquired M.Phil Degree through part time along with the petitioner's salary.
2. The case of the petitioner is that, he was appointed as a B.T. Assistant in PUMS, Gandhi Nagar, Gudiyatham, Vellore District on 14.09.2005 and subsequently transferred to Government Municipal Higher Secondary School, Gudiyatham on 02.03.2010. The petitioner was granted permission by the first respondent to pursue M.Phil degree and completed M.Phil in August 2018. For the same the fourth respondent sanctioned
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.
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.
The eligibility for employment does not preclude the grant of incentive increments for higher qualifications obtained through correspondence by teachers.
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