Case Note & Summary
The dispute arose from a writ petition filed by an employee of an aided school seeking incentive increments for an M.Phil degree obtained from Vinayaga Mission University, Salem. The learned Single Judge had disposed of a batch of five writ petitions by a common order dated 05.07.2022, holding that M.Phil degree obtained from that university would not entitle the petitioners to incentive increments. Three of the five writ petitioners filed intra-court appeals. A Division Bench of the Madras High Court, by order dated 10.07.2024, set aside the Single Judge's order in respect of those three writ petitions, holding that at the time when these petitioners obtained the M.Phil degree, the university had recognition from the University Grants Commission and therefore the qualification as an M.Phil degree holder cannot be ignored for incentive increment; any recovery process initiated had to be quashed and the increment given to them should continue. The present writ appeal was directed against the order passed in W.P(MD)No.5540 of 2020. The Division Bench in the present appeal heard the counsel on both sides and perused the materials. Since the earlier Division Bench had already decided the issue and set aside the Single Judge's order in respect of three writ petitions, the court followed the same analogy. The court allowed the writ appeal, set aside the order of the learned Single Judge in W.P(MD)No.5540 of 2020 dated 05.07.2022, and directed that the appellant be entitled to incentive increments, quashing any recovery initiated. No costs were awarded, and the connected miscellaneous petition was closed. The judgment was delivered on 03.04.2025 by a Division Bench consisting of Dr. Justice G. Jayachandran and Ms. Justice R. Poornima.
Headnote
A) Service Law - Incentive Increments - Recognition of M.Phil Degree for Increments - Letters Patent Act, Clause 15 (procedural basis for appeal); University Grants Commission recognition (not cited as specific Act) - The appellant challenged the Single Judge's order holding that M.Phil degree from Vinayaga Mission University, Salem would not entitle the petitioner to incentive increments. The Division Bench followed an earlier coordinate Bench decision which held that since the university had UGC recognition at the time the petitioners obtained the degree, the qualification cannot be ignored for incentive increment and any recovery process must be quashed. Held that following the same analogy, the writ appeal is allowed, no costs, and the connected miscellaneous petition is closed (Paras 3-4).
Issue of Consideration
Whether M.Phil degree obtained from Vinayaga Mission University, Salem, when the university had recognition from University Grants Commission, entitles the writ petitioner to incentive increments, and whether any recovery process initiated should be quashed.
Final Decision
The Writ Appeal was allowed following the earlier Division Bench order dated 10.07.2024. No costs. Consequently, connected Miscellaneous Petition was closed.
Law Points
- M.Phil degree obtained from a university having University Grants Commission recognition at the time of obtaining cannot be ignored for incentive increments
- recovery process initiated on the ground of non-recognition must be quashed
- increments given should continue to be paid
