IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA

and W.M.P.No.1625 of 2022

M.Viswanathan ... Petitioner

-vs-

1.The Chief Educational Officer,

Vellore District,

Vellore.

2.The District Educational Officer,

Vellore Education District,

Vellore District.

3.The Headmaster,

Government High School,

Edayansathu,

Vellore District. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned Proceedings issued by the 3rd Respondent in Na.Ka.No.003/2022 dated 06.01.2022 and to quash the same and consequently directing the Respondents to restore the incentive increment for M.A. degree qualification granted to the petitioner with all consequential and attendant benefits

including the arrears of salary.

For petitioner : Mr.S.Nedunchezhiyan For respondents : Mr.P.Ananda Kumar Government Advocate

ORDER

The petitioner seeks to quash the order of the 3^rd respondent dated 06.01.2022 and consequently, to direct the Respondents to restore the incentive increment for M.A. degree qualification granted to the petitioner with all consequential and attendant benefits including the arrears of salary.

2.The brief facts which have culminated in the filing of the writ petition are set out hereinbelow.

2.1.The petitioner would submit that he had qualified with B.A.(English) in December 2009, B.Ed. in May 2012 and M.A. (English) in December 2012. He had also passed the Teachers Eligibility Test (TET) conducted in August 2013, on the basis of which, he was appointed as B.T.Assistant (English) in the School Education Department through the selection conducted by the Teachers Recruitment Board. At present, he is working as B.T.Assistant (English) in Government High School, Edayansathu, Vellore District.

2.2.The Government has issued orders in G.O.Ms.No.42, Education Department, dated 10.01.1969, as per which, the Government had taken the policy decision to sanction incentive increment in favour of teachers who had acquired the additional qualification. Consequently, the Government had issued orders in G.O.Ms.No.1024, Education, Science and Technology Department dated 19.12.1993.

2.3.The petitioner would further submit that the Secondary Grade Teacher, on acquiring the B.Lit., degree qualification becomes eligible for the post of Tamil Pandit/BT Assistant (Tamil) as well as Middle School Headmaster. When the B.Ed., degree is acquired, it is considered to be an additional qualification, for which, the concerned teacher is eligible for grant of incentive increment. The incentive increment is however, restricted to a total of two for their entire career.

2.4.In the light of the above, the petitioner who had qualified with M.A.(English) prior to the date of appointment was sanctioned with incentive increment for the additional qualification of M.A.Degree qualification from 26.09.2014. However, to the utter shock and surprise of the petitioner, by the impugned order, the incentive increment granted was sought to be cancelled and it was proposed to recover the amount that was already paid to the petitioner.

2.5.The petitioner would submit that he had acquired qualification of M.A.Degree during the academic year 2010-2011 and 2011-2012 through correspondence. This degree is also eligible for incentive increment as per the Government orders. Therefore, challenging the impugned order, the petitioner is before this Court.

3.A counter affidavit has been filed by the 1^st respondent inter alia contending that the petitioner is not entitled to incentive increment. The 1^st respondent would submit that the petitioner was selected by the Tamil Nadu Teachers Recruitment Board for appointment as B.T.Assistant (English) and consequently, he was appointed as B.T.Assistant as per the orders of the Joint Director of School Educaiton vide Rc.68682/E1/2014 dated 25.09.2014. Even prior to the appointment as B.T.Assistant, the petit