The acquisition of a B.Ed. degree is not an additional qualification for incentive increment purposes, as it is equivalent to existing minimum qualifications for promotion.

ORDER

The petitioner, who is working as a Middle School Headmaster, has filed this writ petition as against the order dated 20.11.2025 passed by the 4^th respondent cancelling the incentive increment provided to this petitioner for obtaining the additional qualification of B.Ed., degree and also ordering for recovery of the excess incentive increment.

2.The learned counsel for the petitioner submits that the petitioner has been provided with incentive increment for obtaining B.Ed. qualification from 2012 onwards and the government has sought to recover the same based on a government Letter No. 3702/Tho.Kal(2)/2017 dated 10.10.2017. He submits that the government letter, referred in the impugned order was already quashed by this court in M.Puspa Theresa vs State of Tamil Nadu in [WP.No.22907 of 2021, dated 27.10.2021] and the same was also upheld by a Division Bench of this court in State of Tamil Nadu vs A.Arul [WA(MD)No.1429 of 2022, dated 24.01.2024]. He has also placed reliance on the decision of this court in WA(MD)Nos.190 and 598 of 2023, dated 16.06.2025 wherein similar orders have been passed by another Division Bench of this court. Therefore, according to him, the impugned order is liable to be set aside in view of the ratio laid down by the Division Bench of this court in the aforesaid cases.

3.The learned Additional Government Pleader appearing for the respondents submits that the impugned order was passed based on the objection raised in the audit report for the period from 01.07.2009 to

30.06.2024 that the petitioner was wrongly provided with incentive increment. By referring to the judgment of this court in WA(MD)Nos.334 and 358 of 2021, dated 15.04.2024, he submits that the judgement relied on by the learned counsel for the petitioner in a similar case in State of Tamil Nadu Vs A.Arul [WA(MD)No.1429 of 2022, dated 24.01.2024] was passed based on the judgment of this court in M.Puspa Theresa vs. State of Tamil Nadu [WP.No.22907 of 2021, dated 27.10.2021]. The Division Bench of this court, in the other decision relied on by the petitioner in WA(MD)Nos.190 and 598 of 2023, dated 16.06.2025, has partly allowed the writ appeal filed by the State and has set aside the order of recovery alone considering that the petitioner in that case belonged to 'C' category post.

4.This Court has considered the rival submissions made and perused the materials placed on record.

5.The petitioner with a basic qualification of B.Lit. degree was promoted as Middle School Headmaster. Thereafter she has completed B.Ed. degree and the same has been considered as additional qualification in order to provide incentive increment to her. As per Rule

6(b)(i) of the Special Rules for Tamil Nadu Elementary Educational Subordinate Service Rules, the minimum qualification required for promotion as Middle School Headmaster is either B.T or B.Ed or B.Lit. degree. Therefore, as per the rules, B.Lit. degree is equivalent to B.Ed or B.T degree and it cannot be considered to be an additional qualification. However a Division Bench of this Court in WA(MD)No.435 of 2017, dated 25.04.2017 relying upon the reply which was provided by an official under the Right to Information Act, has arrived at the finding that the incentive increment can be granted for acquiring B.Ed., degree by the Teachers, who have already acquired B.Lit.,degree. The other Division Benches have also followed this decision.

6. It is relevant to refer to the judgment of another Division Bench of this court in WA(MD)Nos.334 and 358 of 2021, dated 15.04.2024, wherein, the Division Bench has discussed this issue in detail as follows:

“(C)Discussion:

9.The writ petitioners in both the writ petitions had passed B.Lit.,