Case Note & Summary
The dispute arose from the denial of incentive increment to a Physical Education Teacher after the recovery of amounts earlier granted for acquiring a B.P.Ed. degree. The petitioner was appointed as Physical Education Teacher on 13.03.1998. He obtained a B.P.Ed. degree through Ramakrishna Mission Vivekananda University in 2009 and was granted incentive increment from 06.05.2009. Subsequently, the audit department objected to the grant, and the third respondent issued a recovery order dated 07.07.2016 directing refund of Rs.1,65,760 along with other allowances. The recovery was based on the ground that the degree was not equivalent to B.P.Ed. degrees offered by other universities. Later, the State Government issued G.O.(Ms).No.106, School Education Department, dated 16.06.2022, accepting the recommendations of the 15th Equivalence Committee and declaring that the B.P.Ed. degree from Ramakrishna Mission Vivekananda University is equivalent to degrees from other universities. The order specifically stated that candidates admitted and completing the course during 2009, 2010, and 2011 are entitled to the benefit. Following this, the third respondent passed an order dated 17.10.2023 restoring the incentive increment, but the monetary benefits were not disbursed. The petitioner then filed the present writ petition seeking a mandamus to direct respondents 2 and 3 to disburse the incentive increment and implement the restoration order in light of the 2022 government order. The petitioner contended that the recovery order was illegal as it violated principles of natural justice, no notice was issued before passing it, and now the very basis of the recovery—non-equivalence—had been removed by the government order. The respondents argued that at the time of the recovery order, the degree was not declared equivalent, but later it was declared equivalent. The court noted that the sole ground for the recovery proceedings was the non-equivalence of the degree. Once the government declared equivalence through G.O.Ms.No.106 dated 16.06.2022, the foundation of the recovery order vanished. The court thus disposed of the writ petition with directions to the respondents to grant the incentive increment to the petitioner for acquiring the B.P.Ed. degree in light of the said government order and to refund the amount recovered from the petitioner forthwith. No costs were awarded.
Headnote
A) Service Law - Incentive Increment - Equivalence of Degrees - Government Order G.O.Ms.No.106 dated 16.06.2022 - After the State Government declared the B.P.Ed. degree from Ramakrishna Mission Vivekananda University equivalent to degrees from other universities, the sole ground for issuing the recovery order against the petitioner vanished. The court directed the respondents to grant the incentive increment from 06.05.2009 and refund the recovered amount, holding that the petitioner is entitled to the benefit under the government order. (Paras 6-7)
Issue of Consideration
Whether the petitioner is entitled to incentive increment for acquiring B.P.Ed. degree from Ramakrishna Mission Vivekananda University after the government declared the degree equivalent to degrees from other universities, and whether the recovery order passed earlier should be set aside.
Final Decision
Writ petition disposed of with directions to respondents to grant incentive increment to petitioner for acquiring B.P.Ed. degree in light of G.O.(Ms)No.106 dated 16.06.2022 and to refund the amount recovered from petitioner forthwith. No costs.
Law Points
- Legal points not extracted
- equivalence of degrees
- incentive increment for higher qualification
- principles of natural justice
- writ of mandamus
