Case Note & Summary
The writ petition was filed before the Madurai Bench of the Madras High Court under Article 226 of the Constitution of India seeking a writ of mandamus to restore the disbursement of incentive increment for the petitioner's higher qualification of B.P.Ed. degree with effect from 31.05.2009 with all monetary benefits. The petitioner was initially appointed as a Physical Education Teacher on 10.06.2008 and subsequently acquired a B.P.Ed. degree through Ramakrishna College. He was being paid an incentive increment for this higher qualification, but the respondents discontinued the disbursement without justification. The petitioner relied on Government Order G.O.Ms.No.106, School Education (SE 3 (1)) Department dated 16.06.2022, which provides for such incentive increment. The respondents did not produce any valid reason for stopping the increment. The court heard the counsel for the petitioner and the Additional Government Pleader for respondents 2 and 3; the first respondent had no appearance. After perusing the materials on record, the court found that the petitioner is entitled to the incentive increment from the date of acquisition of the higher qualification as per the government order. The court held that the stoppage of the increment was illegal and violative of the petitioner's rights. Accordingly, the writ petition was allowed, and the respondents were directed to restore the disbursement of incentive increment from 31.05.2009 with all monetary benefits within a period of eight weeks from the date of receipt of a copy of the order. No costs were awarded.
Headnote
A) Service Law – Incentive Increment for Higher Qualification – Entitlement from Date of Qualification – Constitution of India, 1950, Article 226; Government Order G.O.Ms.No.106, School Education Department dated 16.06.2022 – The petitioner, a Physical Education Teacher, sought restoration of incentive increment for B.P.Ed. degree which was stopped without reason. The court observed that the petitioner acquired the degree after appointment and was entitled to incentive increment as per the government order from the date of acquisition. Held that the petitioner is entitled to restoration of incentive increment with all monetary benefits from 31.05.2009, and directed the respondents to implement the order within eight weeks (Paras 3-5).
Issue of Consideration
Whether the petitioner is entitled to restoration of disbursement of incentive increment for his higher qualification of B.P.Ed. degree with effect from 31.05.2009 and all monetary benefits in terms of G.O.Ms.No.106 dated 16.06.2022
Final Decision
Writ petition allowed. Respondents 2 and 3 directed to restore disbursement of incentive increment for B.P.Ed. degree from 31.05.2009 with all monetary benefits within eight weeks from the date of receipt of a copy of this order. No costs.
Law Points
- Incentive increment for higher qualification allowed under Government Order
- entitlement arises from date of acquisition of higher qualification
- stoppage of increment without valid reason is illegal under Article 226
