BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 16.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

and

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

W.A.(MD)No.290 of 2021

K.Murugesan ... Appellant

Vs.

1.The State of Tamil Nadu,

Rep. by the Secretary,

Department of School Education,

Fort St.George, Chennai – 600 009.

2.The Director of Elementary Education,

College Road, Chennai - 600 006.

3.The District Elementary Education Officer, Ramanathapuram, Ramanathapuram District.

4.The Additional Assistant Elementary

Educational Officer,

Paramakudi,

Ramanathapuram District - 623 707.

5.The Correspondent,

Kalidass Middle School,

Paramakudi 623 707,

Ramanathapuram District. ... Respondents

Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.5784 of

2015 dated 08.12.2020 on the file of this Court.

For Appellant : Mr.K.Ragatheesh Kumar, For M/s.Isaac Chambers.

For Respondents : Mr.T.Amjadkhan, Government Advocate for R1 to R4.

No appearance for R5

JUDGMENT

(By G.R.SWAMINATHAN, J.)

Heard both sides.

2.This writ appeal is directed against the order dated 08.12.2020 passed by the learned Single Judge dismissing W.P.(MD)No.5784 of

2015 filed by the appellant herein.

3.The appellant herein was appointed as Secondary Grade Teacher in the fifth respondent school on 04.06.1993. The appellant seeks conferment of two incentive increments for acquiring M.A. degree and M.Ed. qualification. His request was rejected by the fourth respondent herein vide order dated 31.03.2015. Challenging the same, the appellant filed W.P.(MD)No.5784 of 2014. The learned Single Judge dismissed the writ petition in the following terms:-

“3.Undoubtedly, the Teacher is entitled for two incentive increments in his/her entire career. However, grant of incentive increment is, subject to the terms and conditions stipulated in the Government policy. Incentive increments are granted by constituting a policy in order to encourage the Teachers to acquire more and more educational qualifications. It would be beneficial for the students studying in the Schools and Colleges. However, incentive increment is to be granted strictly in accordance with the terms and conditions stipulated in the policy. The relevancy of the additional qualifications with reference to the post, in which a Teacher is working and other criteria are to be verified before granting incentive increment.

4.The counter filed by the respondents reveals that :

“3.Para 2(iii) of the G.O.Ms.No.539, Education (M1) Department, dated 21.04.1986 relating to the Secondary Grade Teachers states as follows:

iii)B.T. or Tamil Pandit appointed to a Secondary Grade Teachers vacancy shall be eligible to draw the scale of pay as applicable to the post of Secondary Grade Teacher and that they are not eligible to draw any incentive increments or higher scale of pay by virtue of their possessing higher qualification etc.

4.the G.O.(rt) No.155, School Education (D2)

Department, dated 03.10.2002 also clarifies that the benefits of incentive increments to the Graduate Teachers are not entitled for any incentive increments.

5.the petitioner was appointed as Secondary Grade Teacher with B.T.qualification but without Secondary Grade Teacher Training in the 5th respondent School-Kalidass Middle School, Paramakudi, Ramanathapuram District w.e.f.04.06.1993.

6.on the assurance given by the petitioner the third respondent has permitted the petitioner to work as Secondary Grade Teacher in the 5th respondent School.

7.as clarified in the above said G.O.Ms.No.539, Education (M1) Department, dated 21.04.1986 and G.O(Rt).No.155, School Education (D2) Department, dated 03.10.2002 the petitioner/Secondary Grade Teacher is not entitled to get incentive increments for his higher education than the qualification required for the post of Secondary Grade Teacher. Moreover in the absence of Secondary Grade Teacher Training the petitioner has been appointed as Secondary Grade Teacher. As such the petitioner