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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs.Justice V.Bhavani Subbaroyan, J
G. Balachandar – Appellant
Versus
Director of School Education (Personnel) – Respondent
ORDER :
1. 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.053130/AaKaTha/2023 dated 23.02.2024 raising audit objection to the grant of incentive to the petitioner who is working as P.G.Assistant in the Government Higher Secondary School, Valathur, Gudiyattham Taluk, Vellore District, for the M.Phil Degree obtained through summer sequential programme mode and ordering recovery of the incentive granted to the petitioner from the salary of the petitioner from 14.07.2018 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 summer sequential programme mode along with the petitioner's salary.
2. The case of the petitioner is that, he was appointed as a P.G. Assistant in Government Higher Secondary School, Valathur, Gudiyattam Taluk, Vellore District on 01.09.2014. The petitioner was granted permission by the first respondent to pursue M.Phil degree and completed M.Phil in the year July 2018. For the same the fourth respondent sanctioned salary increment in his
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 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 lack of prior permission for higher education, as the policy aims to encourage qualification enhancement.
The eligibility for employment does not preclude the grant of incentive increments for higher qualifications obtained through correspondence by teachers.
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