BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 11.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

AND

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

W.A(MD)No.169 of 2021

and

C.M.P(MD)No.534 of 2021

1.The District Elementary Educational Officer,

R.M.S.Road,

Madurai District,

Madurai – 625 001.

2.The Assistant Elementary Educational Officer,

Madurai North Range,

No.1, Kamala Nagar,

Thallakulam,

Madurai – 625 002. ... Appellants /

Respondents

Vs.

1.M.Jannthul Johara ... 1^st Respondent /

Writ Petitioner

2.The Secretary,

Alagu Sundaram Middle School,

Madurai – 625 016. ... 2^nd Respondent /

3rd Respondent

Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 24.02.2020 passed in W.P(MD)No.8122 of 2011 on the file of this Court.

For Appellants : Mr.T.Amjad Khan Government Advocate For Respondents : Mr.K.Muraleedharan for R.1 Mr.P.R.Prithiviraj for R.2

JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J.)

The Department of Elementary Education has filed this writ appeal questioning the order dated 24.02.2020 passed by the learned single Judge allowing W.P(MD)No.8122 of 2011 filed by the first respondent herein.

2.The first respondent herein joined the second respondent school as secondary grade teacher in the year 1998. Her services were regularised only in the year 2009. When the first respondent herein joined service, she was possessing B.Lit (Tamil) degree. She later acquired M.A degree in the year 1999. The first respondent herein sought conferment of incentive increment. Her request was rejected by the Assistant Elementary Education Officer, Madurai North Range vide order dated 20.04.2011. Challenging the same, W.P(MD)No.8122 of 2011 was filed. The learned single Judge quashed the order impugned in the writ petition and directed the department to grant incentive increment for the writ petitioner for having acquired M.A(Tamil) degree. Consequential monetary benefits were also directed to be paid.

Challenging the said order, this writ appeal has been filed.

3.The learned Government Advocate appearing for the department submitted that the order of the learned single Judge deserves to be set aside.

4.Per contra, the learned counsel appearing for the writ petitioner submitted that the learned single Judge had adopted the right approach. He pointed out that the object of conferring incentive increments is to encourage the teachers to acquire additional qualifications so that the benefit thereof will eventually be passed on while imparting education to students. He called upon this Court to sustain the impugned order and dismiss the writ appeal.

5.We carefully considered the rival contentions and went through the materials on record.

6.Paragraphs 6 to 8 of the order passed by the learned single Judge read as follows:

6. According to the petitioner, she has completed B.Lit. degree and based on the same, she applied for M.A. (Tamil) degree and completed M.A. (Tamil) degree. It is not in dispute that the petitioner is entitled to do M.A. degree, on completing B.Lit. Degree. When that be so, there is no necessity to acquire B.A. degree and then, M.A (Tamil) degree as stated by the respondents.

7. The respondents mainly relying on G.O.Ms.No.42, dated 10.01.1969, stated that the petitioner is not entitled to get incentive increment, as she has not acquired B.Ed. degree and then, M.A. degree. A perusal of G.O.Ms.No. 107, dated 20.01.1976 shows that G.O.Ms.No.42 has been amended regarding increments to Tamil Pandits and the Government issued revised orders as follows:

“Tamil Pandits Grade I, who do not have to possess B.T. for initial appointment, and Grade II Tamil Pandits may be allowed two incentive advance increments either for B.T. or for M.A. Advance increments may be allowed for a second time for such teacher, who after passing B.T. possess M.A., or after passing M.A. passes B.T. Advance increments shall not be allowed to them for passing M.Ed.”

8. From the above said G.O., it is clear that the teachers who complete eith