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HIGH COURT OF MADRAS
Hon`ble Mrs.Justice L. VICTORIA GOWRI
Kayalvizhi A – Appellant
Versus
The State of Tamil Nadu – Respondent
Incentive - Education - G.O.Ms.No.37, G.O.Ms.No.95 - The court found that the governmental orders issued selectively altered the rights of teachers who acquired additional qualifications, thereby infringing upon their vested rights as established by preceding orders.
Fact of the Case:
Teachers in the Government Schools of Tamil Nadu sought incentive increments for higher educational qualifications, which had been inconsistently withdrawn or modified by certain governmental orders, leading to claims of discrimination and violation of rights.
Finding of the Court:
The court concluded that the changes made by the Government Orders failed to uphold the rights already granted to teachers and were discriminatory, thus quashing the clauses that negatively impacted these rights.
Issues: Whether the retrospective application of the Government Orders violated teachers' rights and whether the non-granting of incentive increments was discriminatory.
Ratio Decidendi: The court emphasized that accrued rights granted under previous orders could not be retroactively revoked without cause, and equality under Articles 14 and 16 must be maintained.
Final Decision: The Government Orders affecting incentive increments were quashed, restoring rightful claims for teachers with higher qualifications prior to 10.03.2020.
COMMON ORDER
Prelude:-
Education appears to be the most consistent, robust and durable method for augmenting intelligence. Humans with greater propensity for intelligence go on to complete more education. Higher education is one of the vital factors of growth, performance and competitiveness in the national and international level. Intelligence quotient is a measurement of an individual's intellect and potential to understand their job performance matrix. Education is the foundation, from which the intelligence quotient of every individual stems up towards molding himself into a perfect, skilled, efficient manpower. Here is a case where the Government had consistently taken policy decisions as to the grant of cash awards/incentive increments to the employees of various Departments from time to time, for acquiring higher educational qualification while in service. Commencing from the Government Order in G.O.Ms.No.531, Finance Department, dated 25.04.1963, by the Government of Madras, by which one advance increment for passing the prescribed departmental Account Test came to be ordered by way of a scheme of rewards, till the latest impugned Government Orders in G.O.Ms.No.37, Personnel and Administrative Reforms (FR-IV) Department, dated 10.03.2020 and G.O.Ms.No.95, Human Resource Management (FR-IV) Department, dated 26.10.2023, by which the grant of incentive increment has been dispensed with effect from 10.03.2020 and allowing grant of lump sum amount for acquiring additional education qualification, the tale of grant of cash awards/incentive increments to the employees of the various Departments of the Government of Tamil Nadu has a chequered history.
2.Gist of the case:-
2.1.The petitioners are working as Secondary Grade Teachers, BT Assistants, Primary School Headmasters, Middle School Headmasters in the Government Schools (Panchayat Union, Primary and Panchayat Union Middle Schools) coming under the third respondent School Education Department. They have completed their higher qualifications, such as B.Ed and other post graduation degrees and they were not granted with the incentive increments. Originally, the State of Tamil Nadu, issued the Government Order in G.O.Ms.No.42, Education Department, dated 10.01.1969, by which a decision was taken to grant incentive increment to the Teachers for acquiring higher qualifications.
Thereafter, it was clarified by the Government vide G.O.Ms.No.1023, Education, Science and Technology Department, dated 09.12.1993, that the School Teachers are entitled for maximum of two sets of incentive increments for acquiring higher qualification. Hence, in view of those Government Orders, the petitioners are entitled for grant of two sets of incentive increments. But pointing out Clause No.6(VI) of the impugned Government Order in G.O.Ms.No.37, dated 10.03.2020, the request of the petitioners seeking grant of incentive increment for acquiring higher qualification was kept under cold storage stating that necessary permission is awaited from the first respondent. Though the first respondent has issued a clarification vide G.O.Ms.No.116, dated 15.10.2020, to the Government Order in G.O.Ms.No.37, dated 10.03.2020, stating that whoever have completed higher qualification before 10.03.2020, are entitled for incentive increment, the third respondent has not granted the incentive increment to the petitioners. That apart, to the shock and surprise of the petitioners, the first respondent further issued a consequential impugned Government Order in G.O.Ms.No.95, dated 26.10.2023, in which it has been decided to grant one lump sum amount to all those employees whose incentive increment request is pending consideration in uniformity with the employees who acquire higher qualification on or after 10.03.2020.
2.2.Claiming the said decision as highly arbitrary, unjust and unlawful and that the first respondent taking undue advantage of its own wrong is trying to penalize the employees for no fault of them, these Writ
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