G.O.Ms.No.91, 2009 inapplicable to incentive increments for serving teachers' part-time higher degrees.

Order

M/s.Mythreye Chandru, learned Special Government Pleader accepts notice on behalf of the respondents. With the consent of the learned counsels on either side, the writ petition is taken up for final disposal at the admission stage itself.

2.Challenging the impugned orders of recovery dated 18.01.2024 and

24.01.2024, the petitioner has filed the above writ petition, with a prayer to quash the same and consequently, to direct the respondents to continue to pay the incentive increment to petitioner for having acquired M.Phil Degree through part time mode along with Petitioner’s Salary together with arrears if any. 3.The learned counsel appearing for the petitioner submitted that the petitioner was appointed as PG Assistant in the Government Girls Higher Secondary School, Podakkudi, Thiruvarur District, on 03.09.2010. The petitioner completed his M.Phil Degree Courses in the years 2012 and 2016 respectively, from Periyar University and Bharathidasan University, after obtaining necessary permission from the Joint Director (Higher Secondary), Tamil Nadu School Education, for which, incentive increment was also sanctioned to the petitioner. However, the 2^nd respondent has issued the impugned proceedings raising audit objection for grant of incentive to the petitioner on the ground that the petitioner obtained the higher education through the Part Time mode and sought recovery of the amount granted to him.

4.The learned counsel appearing for the petitioner further submitted that the Headmaster of the School has the power to give permission to the Teachers working in the School 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.

5.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 have the power to give permission to the Teachers working in the School for pursuing higher studies. In the present case, the petitioner has obtained permission for pursuing 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.

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

7.The petitioner was appointed as PG Assistant in the Government Girls Higher Secondary School, Podakkudi, Thiruvarur District on 03.09.2010. The petitioner completed M.Phil Degree Courses in the year 2012 and 2016 from Periyar University and Barathidasan University after obtaining necessary permission from the Joint Director (Higher Secondary), Tamil Nadu School Education.

8.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.

9.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