G.Meenalochini v. Chief Educational Officer, Trichy) and the order dated

W.A.(MD)No.290 of 2021BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 16.12.2025CORAMTHE HONOURABLE MR.JUSTICE G.R.SWAMINATHANandTHE HONOURABLE MRS.JUSTICE R.KALAIMATHIW.A.(MD)No.290 of 2021K.Murugesan... AppellantVs.1.The State of Tamil Nadu, Rep. by the Secretary, Department of School Education, Fort St.George, Chennai – 600 009.2.The Director of Elementary Education, College Road, Chennai - 600 006.3.The District Elementary Education Officer, Ramanathapuram, Ramanathapuram District.4.The Additional Assistant Elementary Educational Officer, Paramakudi, Ramanathapuram District - 623 707.5.The Correspondent, Kalidass Middle School, Paramakudi 623 707, Ramanathapuram District.... Respondents1/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.290 of 2021Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.5784 of 2015 dated 08.12.2020 on the file of this Court.For Appellant: Mr.K.Ragatheesh Kumar,For M/s.Isaac Chambers.For Respondents: Mr.T.Amjadkhan,Government Advocate for R1 to R4. No appearance for R5JUDGMENT (By G.R.SWAMINATHAN, J.)Heard both sides.2.This writ appeal is directed against the order dated 08.12.2020 passed by the learned Single Judge dismissing W.P.(MD)No.5784 of 2015 filed by the appellant herein. 3.The appellant herein was appointed as Secondary Grade Teacher in the fifth respondent school on 04.06.1993. The appellant seeks conferment of two incentive increments for acquiring M.A. degree and M.Ed. qualification. His request was rejected by the fourth respondent 2/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.290 of 2021herein vide order dated 31.03.2015. Challenging the same, the appellant filed W.P.(MD)No.5784 of 2014. The learned Single Judge dismissed the writ petition in the following terms:-“3.Undoubtedly, the Teacher is entitled for two incentive increments in his/her entire career. However, grant of incentive increment is, subject to the terms and conditions stipulated in the Government policy. Incentive increments are granted by constituting a policy in order to encourage the Teachers to acquire more and more educational qualifications. It would be beneficial for the students studying in the Schools and Colleges. However, incentive increment is to be granted strictly in accordance with the terms and conditions stipulated in the policy. The relevancy of the additional qualifications with reference to the post, in which a Teacher is working and other criteria are to be verified before granting incentive increment. 4.The counter filed by the respondents reveals that :“3.Para 2(iii) of the G.O.Ms.No.539, Education (M1) Department, dated 21.04.1986 relating to the Secondary Grade Teachers states as follows:iii)B.T. or Tamil Pandit appointed to a Secondary Grade Teachers vacancy shall be eligible to draw the scale of pay as applicable to the post of Secondary Grade Teacher and that they are not eligible to draw any incentive increments or higher scale of pay by virtue of their possessing higher qualification etc. 3/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.290 of 20214.the G.O.(rt) No.155, School Education (D2) Department, dated 03.10.2002 also clarifies that the benefits of incentive increments to the Graduate Teachers are not entitled for any incentive increments. 5.the petitioner was appointed as Secondary Grade Teacher with B.T.qualification but without Secondary Grade Teacher Training in the 5th respondent School-Kalidass Middle School, Paramakudi, Ramanathapuram District w.e.f.04.06.1993. 6.on the assurance given by the petitioner the third respondent has permitted the petitioner to work as Secondary Grade Teacher in the 5th respondent School. 7.as clarified in the above said G.O.Ms.No.539, Education (M1) Department, dated 21.04.1986 and G.O(Rt).No.155, School Education (D2) Department, dated 03.10.2002 the petitioner/Secondary Grade Teacher is not entitled to get incentive increments for his higher education than the qualification required for the post of Secondary Grade Teacher. Moreover in the absence of Secondary Grade Teacher Training the petitioner has been appointed as Secondary Grade Teacher. As such the petitioner is not entitled to claim incentive increments for his higher qualification. Therefore, the petitioner's claim petition/representation was returned with an endorsement “you, the Graduate Teacher have been appointed as Secondary Grade Teacher without Secondary Grade Teacher Training, on your affirmation that you will not claim the incentive increments for your higher qualification.”5.In view of the fact that as per the Government Orders, the petitioner is not eligible to get incentive increment for his higher qualifications. This Court cannot grant a relief as such sought for in the present writ petition. However, the Government 4/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.290 of 2021of Tamil Nadu has clarified for granting of incentive increment in G.O.Ms.No.116, Personnel and Administrative Reforms Department, dated 15.10.2020. The said Government Order was made applicable to all the departments.”4.The question that calls for consideration is whether the order of the learned Single Judge warrants interference.5.The learned counsel appearing for the appellant relying on the decision reported in (2014) 8 MLJ 746 (G.Meenalochini Vs. Chief Educational Officer, Trichy) and the order dated 17.04.2021 passed by the Hon'ble Division Bench of this Court in W.A.(MD)No.616 of 2021 submitted that the relief sought for deserves to be granted. He would further add that the similarly placed teachers in the fifth respondent school have been given such incentive increments. 6.Per contra, the learned Government Advocate appearing for the Government would submit that the learned Single Judge rightly approached the issue and that the writ appeal has to be dismissed.5/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.290 of 20217.We carefully considered the rival contentions and went through the materials on record. When the writ petitioner was appointed as Secondary Grade Teacher, he was already possessing B.Sc. and B.Ed. qualification. Thus, he was a over-qualified candidate when he was appointed as Secondary Grade Teacher. The writ petitioner claimed incentive increments only in the year 2015. The authority referred to G.O.(Ms)No.539 Education Department dated 21.04.1986 which clearly states that an over-qualified candidate who has been appointed as Secondary Grade Teacher will be eligible to draw the scale of pay as applicable to the said post but he will not be eligible to draw any incentive increment or higher scale of pay by virtue of either possessing higher qualification etc. On the same lines, several subsequent government orders were also issued. They are as follows:-“(i) G.O.(Ms)No.559, Education Department, dated 11.07.1995 (ii) G.O.(Ms)No.203, Education Department, dated 19.03.1996(iii) G.O.(Ms)No.155, Education Department, dated 03.10.2002.”6/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.290 of 20218.It is relevant to mention that the validity of these government orders were upheld by this Court. Clause 9 of G.O.(Ms)No.155 dated 03.10.2002 reads as follows:-“(ix) ,ilepiy Mrphpah; gzpaplj;jpy; epakpf;fg;gLk; gl;ljhhp / jkpohrphpah; jFjp ngw;w egh;fSf;F ,ilepiy Mrphpah;fSf;fhd Cjpa tpfpjk;jhd; toq;fg;gLk; vd;Wk;> Ntnwe;j rpwg;Gr; rYifAk; mspf;fg;gl khl;lhJ vd;Wk;> mth;fs; ,ilepiy Mrphpauhf gzpahw;Wk; fhyj;jpy; cah; fy;tpf; jFjpf;fhd rpwg;G Cjpa cah;T toq;Fk; jpl;lk; ,th;fSf;Fg; nghUe;jhJ vd;Wk;> ,jw;fhd cWjpnkhopr; rhd;W rk;ge;jg;gl;l egh;fsplkpUe;J ngw;g;gl Ntz;Lnkd;W njhptpf;fg;gLfpwJ.”9.In Meenalochini's case relied by the learned counsel for the appellant, there is no reference to these government orders. Likewise, in the decision of the Hon'ble Division Bench rendered in W.A.(MD)No.616 of 2021 also, there is no reference to these government orders. Faced with this situation, the learned counsel for the appellant submitted that while the appellant cannot claim incentive increment for possessing B.Sc. and B.Ed. qualification, he is entitled to claim incentive increment for acquiring M.A. and M.Ed degrees. Admittedly, reliance is 7/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.290 of 2021placed on G.O.(Ms)No.42 Education Department dated 10.01.1969. Paragraph No.2 of the said government order reads as follows:-“2.A secondary grade teacher who after passing B.T. or B.Ed. degree examination qualifies for M.A. or M.Ed. degree but working in Secondary Grade Post may be given advance increments for second time also, ie., Two advance increments after passing B.T. or B.Ed. degree and another two after passing M.A. or M.Ed. degree. B.T. teacher who after passing M.A. or M.Sc. qualifies for M.Ed. degree examination but working in B.T. Or Headmaster's post may be given advance increments for a second time also ie., two advance increments after passing M.Ed. degree.”10.A bare look at the aforesaid government order would indicate that the question of granting incentive increment for acquiring M.A. or M.Ed degree would arise only after conferment of incentive increment for B.T. or B.Ed. degree. In other words, if the teacher concerned has not been given any incentive increment for acquiring B.T. or B.Ed. degree, he cannot get any incentive increment for M.A. or M.Ed degree. The conferment of incentive increment is sequential in nature. Since the writ petitioner cannot claim incentive increment for acquiring B.T. or B.Ed. 8/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.290 of 2021degree, he cannot claim any incentive increment for having acquired M.A. or M.Ed degree. The learned Single Judge rightly approached the issue and we do not find any ground to interfere. The writ appeal stands dismissed. No costs. (G.R.S. J.,) & (R.K.M. J.,) 16.12.2025NCC : Yes/NoIndex : Yes / NoInternet : Yes/ NoiasTo:1.The Secretary, Department of School Education, Fort St.George, Chennai – 600 009.2.The Director of Elementary Education, College Road, Chennai - 600 006.3.The District Elementary Education Officer, Ramanathapuram, Ramanathapuram District.4.The Additional Assistant Elementary Educational Officer, Paramakudi, Ramanathapuram District - 623 707.9/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.290 of 2021G.R.SWAMINATHAN, J.andR.KALAIMATHI, J.iasW.A.(MD)No.290 of 2021 16.12.202510/10