P. Subramanian vs Director of School Education and District Educational Officer

N. Paul Vasanthakumar, J.—The prayer in the writ petition is to quash the order dated 12.1.1999 passed by the second respondent and

direct the respondents to sanction one set of incentive increment to the petitioner for acquiring P.G. Diploma in Teaching English as per G.O.Ms.

No. 1170, Education, dated 20.12.1993.

The case of the petitioner is that the petitioner was appointed as B.T. Assistant on 20.7.1966. While so, he acquired M.A., Degree in 1975 for

which one set of incentive increment was sanctioned to the petitioner. Thereafter, the petitioner passed M.Ed., Degree in 1978 for which also one

set of incentive increment was sanctioned. After introduction of Higher Secondary system, the petitioner was promoted as P.G. Assistant (History)

on 10.7.1978. While so, the petitioner acquired P.G. Diploma in Teaching English in 1987. Thereafter, the petitioner was promoted as

Headmaster of Higher Secondary School on 1.8.1990. The petitioner made representation to sanction one set of incentive increment for the above

qualification of P.G. Diploma in teaching English in terms of G.O.Ms.42, Education Department dated 10.01.1969.

According to the petitioner, since he has acquired his P.G. Diploma in Teaching English in December 1987, and the G.O.Ms. No. 1170,

Education, Dated 20.12.1993 stipulates sanction of two incentive increments for higher qualification to those P.G.Teachers who are working in the

Higher Secondary Section for the acquisition of higher qualification as on 1.3.1993, he is eligible to get one set of increment for obtaining P.G.

Diploma in teaching English course. The Management sanctioned the said incentive increments and claimed the amount from the Department.

However, the incentive increments were not sanctioned by the department in spite of several representations.

Thereafter he filed O.A. No. 10326 of 1998 before the Tribunal and in spite of the direction given by the Tribunal the Department, by the

impugned order, the claim of the petitioner has been rejected on the ground that as per G.O.Ms. No. 42, Education, dated 10.1.1969 as amended

in G.O.Ms. No. 1023, Education, dated 9.12.1993, a Teacher is not eligible for more than two sets of incentive increments and in the case of the

applicant, inasmuch as he has got two sets of incentive increments while he was working as B.T.Assistant, he is not eligible for the 3rd set of

incentive increment. However, it is the case of the petitioner that P.G. Assistants are separate cadre governed by the Higher Secondary Service

Rules and there is no ceiling for sanction of incentive increments as has been held in the batch of Writ Petitions No. 14880/94 etc., dated

27.4.1998. Further, as per G.O. No. 1023, referred to above, the maximum number of incentive increments admissible to a Teacher for acquiring

higher qualification shall be four which makes it abundantly clear that the order is only prospective i.e, on and after 9.12.1993 and the case of the

petitioner the applicant having acquired the qualification in December, 1987 itself, the ceiling cannot be used against the petitioner.

Learned Counsel for the petitioner submits that even though the petitioner is eligible to get one set of incentive increment for acquiring P.G.

Diploma in teaching English course, the same was not paid though he is entitled to get incentive increment in terms of G.O.Ms. No. 1170 dated

20.12.1993 and therefore, the impugned order of passed by the respondents are liable to be set aside.

The respondents filed counter affidavit. The learned Government Advocate on the basis of the counter affidavit filed reiterated the contention

and stated that the petitioner was a promotive P.G. Assistant and he had already availed and exhausted the scheme of granting of incentive

increment in his service as B.T.Assistant. As the maximum number of incentive increments fixed as two timely four advance increments to a

Teacher for his entire service period and as per such limitation prescribed by the Government the petitioner is eligible only for two sets of incentive

increments, he cannot claim third time incentive increments i.e., 5th and 6th advance increments. If the petitioner had been appointed as P.G.

Assistant directly, afresh he will be eligible for incentive increments for acquiring higher qualification which will be within the limitation prescribed by

the Government. Besides, the petitioner was not working as P.G. Assistant at the time of implementation of the G.O.Ms. No. 1170, dated

20.12.1993 i.e as on 1.3.1993 he is not eligible for the concession of getting incentive increments for his higher qualification as third time. It is also

contended that the petitioner is now claiming advance increments for the third time in the capacity of Headmaster for acquiring P.G. Diploma in

teaching English Course as per the G.O.Ms. No. 1170, dated 20.12.1993 which G.O.,is applicable exclusively for P.G.Teachers.

The sanction of incentive increments for acquiring higher educational qualification in the relevant subject was ordered by the Government in

G.O.Ms. No. 42, Education Department dated 10.01.1969. It is true that the petitioner is entitled to get incentive increments while working as

B.T. Assistant for having acquired higher qualifications namely, P.G.Diploma . In G.O.Ms. No. 1170, Education Department dated 20.12.1993

one set of incentive increment is to be sanctioned for M.Phil/P.Hd./P.G. Diploma in English. The relevant portion of the said Government order

reads as follows:

The Government accept the request of the Director of school Education and issued the following order:

(i)The P.G. Teachers who possess higher qualification like M.Phil, P.Hd., P.G. Diploma in teaching English shall be granted one incentive

increment (i.e.) two advance increments.

The cut off date fixed for those who had passed the said degrees as on 1.3.1993 was set aside by this Court and the said cut off date was

removed by the Government in G.O.Ms. No. 194 School Education department dated 10.10.2006. Thus, the petitioner is entitled to get one set

of incentive increment for acquiring P.G. Diploma in teaching English Course.

Similar issued was considered by me in W.P. No. 15419 of 2005, dated 24.1.2007 and allowed the writ petition. The Department filed W.A.

No. 230 of 2008 and same was dismissed by the Division Bench of this Court on 6.1.2009. In my another order made in W.P. No. 13590 of

2008, dated 24.6.2008, a similarly placed person was granted relief. The Government also issued G.O.Ms. No. 17, School Education, dated

8.1.2008 and ordered to sanction third set of incentive increment to similarly placed persons by accepting the various orders passed by the

Division Bench of this Court made in W.A. Nos. 2604-2606 of 1999, 1154-1156, 2150 and 1193 of 2000 and W.A. Nos. 995-1003 of 1999,

dated 20.6.2006. The said orders were also followed in W.P. No. 7702 of 2008, by order dated 25.11.2008.

In the light of the above uncontroverted facts and law, the petitioner is entitled to get incentive increments for acquiring P.G.Diploma. The first

respondent is directed to pass necessary orders and pay the same within four weeks from the date of the receipt of copy of this order.

With the above observation, the writ petition is disposed of. No costs.