G.O.Ms.No.91 (2009) bars distance M.Phil for employment but not post-employment incentive increments for teachers with permission.

Common Order :

P.T. ASHA, J.

By consent, the writ petitions are taken up for final disposal at the admission stage itself.

2. M/s.Mythreye Chandru, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 4.

3. Challenging the impugned orders of recovery dated Nil.08.2024, the petitioners have filed the above writ petitions with a further prayer to direct the respondents to continue to pay the incentive amount to the petitioners for having acquired M.Phil Degree through part time mode along the petitioners’ salary.

4. The learned counsel appearing for the petitioners submitted that the petitioners were appointed as PG Assistants and BT Graduate Teacher in the respective Government Higher Secondary Schools, in, Salem District, on various dates. The petitioners completed their M.Phil Degree Course in the year 2016 from Bharathidasan University, and Periyar University, after obtaining necessary permission from the Joint Director (Higher Secondary), Tamil Nadu School Education, for which, incentive increment was also sanctioned to the petitioners. However, the 2nd respondent has issued the impugned proceedings raising audit objection for grant of incentive to the petitioners on the ground that the petitioner obtained the higher education through the part time mode and sought recovery of the amount granted to them.

5. The learned counsel appearing for the petitioners further submitted that the Headmasters of the respective Schools have the power to give permission to the Teachers working in their Schools for pursuing higher studies. The learned counsel further submitted that the Hon’ble Division Bench of this Court in W.A.Nos.2328 of 2018 etc., batch [S. Sivan Vs. The Regional Accounts Officer and others ] dated 04.08.2023, has held that the Government Order in G.O.Ms.No.91, Higher Education Department, dated 03.04.2009, has only mentioned about the eligibility for a person to get employment and does not deal with anything about allowing of advance incentive increment to the Teachers who acquired higher qualification and prayed for allowing the writ petition.

6. The learned Special Government Pleader fairly submitted that as per the proceedings of the Director of School Education dated 12.04.2001, in Government High/ Higher Secondary Schools, the Headmaster of the School has the power to give permission to the Teachers working in the School for pursuing higher studies. In the present case, the petitioners have obtained permission for pursuing their M.Phil Degree from the Joint Director (Higher Secondary), Tamil Nadu School Education, however, the said fact has not been properly appreciated by the respondents.

7. Heard the arguments advanced on either side and perused the materials available on record.

8. The petitioners were appointed as PG Assistants and BT Assistant in the respective Government Higher Secondary Schools, at Salem District on 02.01.2013. The petitioners completed their M.Phil Degree Course from Barathidasan University and Periyar University after obtaining necessary permission from the Joint Director (Higher Secondary), Tamil Nadu School Education.

9. It is equally un~disputed fact that as per the proceedings of the Director of School Education dated 12.04.2001, in Government High/ Higher Secondary Schools, the Headmasters of the Schools have the power to give permission to the Teachers working in the School for pursuing higher studies.

10. Insofar as the issue with regard to obtaining higher degrees for getting increments is concerned, the same has been decided by the Hon’ble Division Bench of this Court in W.A.Nos.2328 of 2018 etc., batch [S.Sivan Vs. The Regional Accounts Officer and others] dated 04.08.2023 and it is useful to extract hereunder the relev