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.

ORDER :

V.Bhavani Subbaroyan, J.

This petition is filed seeking to issue a Writ of Certiorarified Mandamus, calling for the records of the 2^nd 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 1^st 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 salary increment in his proceedings Na.Ka.No.23714/C2/E3/2016 dated 30.06.2016. Subsequently, second incentive for M.Phil degree was given to the petitioner with effect from 14.08.2018. The second respondent issued proceedings vide Ref.No.Na.Ka.No.2915/E14/2019 dated 10.01.2020 raising audit objections for the grant of incentive for M.Phil degree which was obtained through part time mode. Further the audit department directed the fourth respondent to compute the loss suffered by the Government for the grant of salary incentive to the petitioner and ordered to recover the said loss from the salary of the petitioner. Challenging the same the petitioner came up with the present writ petition.

3. The learned counsel for the petitioner submits that the Sri Chandrasekharaendra Saraswathi Viswa Mahavidyalaya University, Kancheepuram was declared as Deemed to be University under Section 3 of University Grant Commission, 1956 by Ministry of Human Resource Development on the advice of University Grants Commission as per the Notification No.F.9-9/92-U3 dated 26.05.1993 by Government of India, hence Sri Chandrasekharaendra Saraswathi Viswa Mahavidyalaya University is duly recognized by UGC. Further, the learned counsel for the petitioner relied upon the Judgment of this Court in supporting their contentions in W.A.No.232 of 2018, wherein the Division Bench allowed writ appeal not to cancel or stop the increment already given. The petitioners are entitled for the said incentive and prayed to allow the writ petition.

4. The learned Special Government Pleader contends that the Internal audit wing of the school education department took the view that the Government Letter No.268/Higher Education (k2) Department dated 29.08.2006 and GO No.91 Higher Education (K2) Department dated 03.04.2009 and the proceedings of the Director of School Education in reference No.Na.Ka.No.081477/KE/2014 dated 27.10.2014 from the academic year 2007-08 the degrees by Correspondence / Distance Education Mode / Open University / Part time are ineligible for appointment in Government service. Hence the Government of Tamil Nadu has not granted permission to obtain the M.Phil / Ph.D degree in correspondence / Part Time mode and having obtained the higher education degree through unrecognised mode the petitioner's incentive increments from 12.01.2018 is withdrawn. In this case, the petitioner has obtained the M.Phil which cannot be accepted as an appropriate degree and prayed for dismissal of the writ petition.

5. The learned counsel for the respondents also would contends that the petitioner also cannot ask for quashing the impugned order on the basis of Government G.O.(1D) No.18 dated 18.01.2013 the petitioners should not entitled for even grade of appearing the said courses but from the said d