Retired teachers are entitled to notional incentive increments for higher qualifications for pension purposes, strictly in accordance with the terms and conditions stipulated in the relevant Government Order.

Prayer: This Writ Appeal is filed under Clause 15 of Letters Patent Act, against the against the order dated 28.02.2020 passed in WP(MD)No.1377 of 2019.

JUDGMENT

(Judgment of the Court was made by

M.DHANDAPANI.J.)

1.This Intra-Court Appeal has been filed challenging the order dated 28.02.2020 passed in WP(MD)No.1377 of 2019.

2.It is the case of the writ petitioner that the writ petitioner was appointed as a Secondary Grade Teacher on 16.04.1998 in the appellant Department with higher qualification, namely, M.A.(Economics), B.Ed. The petitioner underwent Child Psychology training from 25.05.2005 to 24.06.2005 and his service was approved from 25.06.2005, subject to the condition that no incentive increment would be claimed for higher qualifications. The petitioner retired from service on 06.03.2016.

3.Meanwhile, G.O.Ms.No.83, School Education 1(2) Department, dated 28.04.2017, was issued by the Government, whereby the Graduate Teachers appointed against unfilled SC/ST quota vacancies during the year 1997-2000 were permitted to receive incentive increments for higher qualifications, such as M.A., M.Ed. and M.Sc., subject to conditions.

4.The said G.O. provided notional incentive increments to eligible persons with monetary benefits only from the date of the G.O. for serving teachers; retired teachers were entitled only to notional benefits for pension purposes.

5.Therefore, the writ petitioner has filed W.P.(MD) No.1377 of 2019, challenging G.O.Ms.No.83 dated 28.04.2017 and claiming incentive increments for his M.A. degree with effect from 02.06.2003 with all attendant benefits and privileges. The said writ petition was allowed by this Court vide order dated 28.02.2020. Challenging the same, the present Writ Appeal.

6.The learned counsel appearing for the appellants would submit that this Writ Appeal may be disposed of by directing the appellants to extend the benefits to the first respondent/writ petitioner strictly in accordance with the terms and conditions stipulated in G.O.Ms.No.83, School Education 1(2) Department, dated 28.04.2017, insofar as the retired employee like the writ petitioner is concerned.

7.The learned counsel for the first respondent/writ petitioner concedes with the submission of the learned counsel for the appellants.

8.Considering the submissions made by the learned counsel on either side, this Writ Appeal stands disposed of with a direction to the appellants to extend the benefits to the first respondent/writ petitioner, who retired from service on 06.03.2016, strictly in accordance with the terms and conditions stipulated in G.O.Ms.No.83, School Education 1(2) Department, dated 28.04.2017 from the date of issuance of the said Government Order, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that no further relief can be granted contrary to the conditions prescribed in the said Government Order, insofar as the retired employee, the writ petitioner is concerned. No costs.