THE HON'BLE MR.JUSTICE M.V.MURALIDARAN WP.No.40897 of 2005 & WP.MP.No.43898 of 2005 & WV.MP.No.399 of 2006 C.Krishnaswamy ... Petitioner
1. The Government of Tamilnadu, Vs.
Rep. by School Education Department, Fort St. George, Chennai – 600 009.
2. The Director of Elementary Education, College Road, Madras – 600 006.
3. The District Elementary Educational Officer, Coimbatore District, Coimbatore.
4. The Assistant Elementary Educational Officer, Sultanpettai Panchayat Union, Sultanpettai, Coimbatore District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent issued in Na.Ka.No.437, 530 EH3/2000 dated 19.12.2000 and an order issued in Na.Ka.No.1058/2001/A2 dated 05.10.2005 issued by the 4th respondent and quash the same and issue a consequential direction to the respondent to grant incentive increments to the Petitioner for acquiring M.A. and B.Ed from 24.07.1996, the day following the last date of the examination in B.Ed. degree as per Fundamental Rule 26.
Pleader For Petitioner : Mr.P.S.Sivasubramanian For Respondent : Mrs.M.E.Rani Selvam Additional Government ORDER This writ petition is preferred by the petitioner against the proceedings issued by the Director of Elementary Education, Madras in Na.Ka.No.437, 530 EH3/2000 dated 19.12.2000 and an order issued in Na.Ka.No.1058/2001/A2 dated 5.10.2005 by the Assistant Elementary Educational Officer, Coimbatore and consequential direction to the respondent to grant incentive increments for acquiring M.A. and B.Ed., from 24.7.1996 as per Fundamental Rules 26.
2. Brief case of the petitioner:
The facts of the case is that the petitioner initially appointed as Higher Grade Teacher on 5.9.1969 and possessed of secondary grade teacher qualification, for want of vacancy the petitioner was upgraded as secondary grade teacher on 1.1.1971 and also promoted as primary school headmaster on 21.6.2001 and retired from service on 31.10.2001 voluntarily. The petitioner acquired M.A. through Annamalai University under Open University System in May 1994 and acquired B.Ed., in the year 1996. The government of Tamil Nadu introduced scheme of incentive increments to the teachers for acquiring higher qualification by G.O.Ms.No.42 dated 10.1.1969. For the above order the secondary grade teacher is entitled for advance incentive increments for acquiring M.A. B.Ed., and M.Ed., The said government order stated that the teacher is entitled for incentive increments from the day following the last date of the examination.
3. The Government of Tamil Nadu has passed the G.O. Ms.No.1032 Education dated 22.6.1971 under which, it is directed that the secondary grade teacher who first passes M.A. or M.Sc., without passing B.T he will be allowed 4 advance incentive increments at one stroke. The degree of B.T. is subsequently re-designated as B.Ed., as the petitioner required M.A. and B.Ed., degrees also entitled for 4 advance increments at one stroke.
4. The Government of Tamil Nadu passed another G.O.No.740 dated 30.6.1989 under which it is directed that the secondary grade teacher is entitled for two advance incentive increments for each higher qualification acquired by him. The above said position reiterated by the Govt. of Tamil Nadu in G.O.Ms.No.1024 dated 9.12.1993. By the G.O.Ms.No.1024 dated 9.12.1993 the Government has introduced a limit of 4 advance incentive increments to be granted to the teachers for higher qualifications. The above government order does not make any distinction between the degrees obtained under regular course of studies, correspondence and Open University system. Applying the above said analogy, the petitioner was granted 4 advance incentive increments for acquiring higher qualification by the order of the Assistant Elementary Educational Officer dated 24.3.1997. The incentive increments was granted with effect from 24.7.1996, the day following the last date of the examination of B.Ed., degree petitioner was drawing Rs.2000/- + Rs.50/- P.P. as on 23.7.1996 after adding of 4 advance incentive increments petitioner pay was raised to Rs.2240/-
+ Rs.10/- P.P. and the same has been granted for all these years on the ground that the above said government orders do not make any district between the degree obtained under regular course, correspondence course and open university system.
5. The Government of Tamil Nadu passed G.O.Ms.No.216 dated 26.8.1997 stating that the degree granted by Annamalai University under the Open University system is equivalent to the master degree granted by Annamalai University in regular course for the purpose of appointment in public service. Therefore the Petitioner entitled for advance increments as per the government orders referred. The government of Tamil Nadu G.O.Ms.No.64 dated 7.2.1996 directed that the degree granted by Madurai Kamaraj University under the open university system is equivalent to the degrees granted by the Madurai Kamaraj University under the regular course of studies. In some districts the Assistant Elementary Educational Officer and the District Elementary Educational Officer has granted incentive increments for teaches who obtained degree under open university system, some other district the incentive increments has been granted as the Government itself treated the degrees under open university system is equivalent to regular course. The government has issued G.O.Ms.No.307 dated 15.12.2000 under which it is directed that the teachers who obtained degrees under the Open University system are also entitled for incentive increments and there is no direction for recovery of payments already granted. But the director of Elementary Education by his order dated 19.12.2000 has instructed all the District level Officers to recover the amount of incentive increments granted already to the teachers as the G.O.Ms.No.307 has granted benefit only from 15.12.2000, as per the above direction the Assistant Elementary Educational Officer has issued order dated 15.7.2003 directing the petitioner to pay the excess amount already drawn in one lump sum in the Government account before the treasury. The Petitioner made a representation to the Assistant Educational Officer saying that there is no direction for recovery in the Government order. The Assistant Educational Officer had issued an order of recovery on 5.10.2005 to pay the amount of incent increments received for acquiring M.A. and B.Ed., degree that is too in one lumpsum after lapse of 6 years. The Government Order cannot restrict the date of benefit only from 15.12.2000 as under the F.R.26 it is directed that the benefit of degree or title would be conferred from the date following the last date of the examination. As per FR 26 petitioner have been given incentive increments from 23.7.1996. The proceedings of the Director of Elementary Education dated 19.12.2000 also runs contrary to the Fundamental Rule 26.
6. Objections filed by the Respondents The petitioner got admission in Master of Arts Degree course by directly joining PG degree, through Open University system of Annamalai University without getting any basic degree qualification and passed the degree course in the year 1994. Then he joined Bachelor of Education (B.Ed) course through Distance Education Programme of Annamalai University and completed the course in May 1996.
7. The Universities have introduced the direct M.A. Degree course in their Open University system for improving literacy rate among the people. By this system one can enter P.G. degree course such as M.A. degree without passing any under graduate or basic degree course. This system is not relevant to teaching community because they should have basic degree qualification for acquiring post graduate level, one should study languages as well as major subjects to get the basic degree certificate. It will be helpful to teach language subjects to the class students. But in post graduate level, only major subjects and ancillary subjects are in the syllabus. So one can get P.G.
degree certificate by joining in the Open University system studying major and ancillary subjects only. So it is very easy to acquire direct M.A. degree certificate through Open University than acquiring P.G. Degree with basic degree in regular stream.
8. The service associations of teachers have repeatedly represented the Tamil Nadu Government for accepting the direct M.A. degree for sanctioning incentive increments to teachers. The government after careful study accepted the teachers demand and issued G.O.Ms.No.307 Education Department dated 15.12.2000 accepting the P.G. degree of the open universities of Tamil Nadu for sanctioning incentive increment with effect from 15.12.2000 are base date. This order clearly states that one is eligible to get incentive increment for acquiring direct M.A. degree through Open University on or after 15.12.2000. But the teachers passing such degree before the crucial date i.e. 15.12.2000 are not eligible to get incentive increments.
9. The petitioner passed his M.A. degree examination through Open University in the year 1994. He got his incentive increments from 2.7.1996 onwards. So as per the G.O.Ms.No.307 dated 15.12.2000 and the proceedings of the Director of Elementary Education in Na.Ka.No.43753/EH/2000, dated 19.12.2000, the petitioner is not eligible to get incentive increments for his higher studies till 14.12.2000. So the petitioner has remit the entire amount of Rs.54277/- got for the period from 24.7.1996 to 14.12.2000. The Assistant Elementary Educational officer, Coimbatore by his order in Na.Ka.No.1058/2001/A2 dated 5.10.2005 ordered to remit the amount with immediate effect. But the petitioner has not remitted the amount.
13.The learned Additional Government Pleader appearing for the respondents opposed the submissions of the petitioners and sought for dismissal of the writ petition.
10. I heard Mr.P.S.Sivasubramanian, learned counsel for the petitioner and Mrs.M.E.Rani Selvam, learned Additional Government Pleader for the respondents and perused the entire materials available on record.
11. The learned counsel for the petitioner submits that there is no direction in G.O.Ms.No.307 dated 15.12.2000 for recovery of payments already granted by way of incentive increments to the teachers. Therefore, the Director of Elementary Education by the proceedings dated 9.12.2000 cannot direct for recovery of payments already granted.
12. The learned counsel for the petitioner submits that the G.O.Ms.No.42 dated 10.1.969 the G.O.Ms.No.1032 dated 22.6.1971, G.O.Ms.No.740 dated 30.6.1989 G.O.Ms.No.1024 dated 9.12.1993 do not make any distinction for grant of incentive increments for the degrees obtained under regular course, correspondence course and open university system. Therefore, the Assistant Elementary Educational officer by the proceedings dated 24.3.1999 has granted incentive increments rightly and the same cannot be recovered after a lapse of 6 years that is too at the fag end of the service by the impugned order of recovery dated 5.10.2005.
13. The learned counsel for the petitioner submits that F.R.26 the benefit of title and degree would be conferred from the day following the last date of the examination. In this case, the petitioner has been granted incentive increments from 23.7.1996 from the day following the last date of the examination. Therefore the same cannot be restricted and benefit is given only from 15.12.2000 by way of Government order. The Government order cannot over rule the Fundamental Rule 26.
14. This Court by order dated 22.12.2005 granted the order of Interim stay and the same was made absolute on 09.02.2007. Therefore, the interim stay already granted by this Court is in operation for the past 14 years.
15. In the case on hand, the respondents ought to have issued the incentive increments to the teachers as per the G.O.Ms.No.307 dated 15.12.2000. Further there is no direction in the G.O. for recovery of payments already granted. Therefore the impugned order passed by the respondent cannot be sustained in the eye of law.
16. In the result:
(a) the writ petition is allowed by setting aside the impugned order of the second respondent issued in Na.Ka.No.437, 530 EH3/2000 dated 19.12.2000 and an order issued in Na.Ka.No.1058/2001/A2 dated 05.10.2005 issued by the 4th respondent;
(b) the respondents are directed to grant incentive increments to the petitioner for acquiring M.A. and B.Ed., from 24.7.1996 as per Fundamental Rules 26, and pass orders within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.
01.08.2017 vs Note:Issue order copy on 15.03.2019 Index:Yes/No Internet:Yes/No To
1. The Government of Tamilnadu, Rep. by School Education Department, Fort St. George, Chennai – 600 009.
2. The Director of Elementary Education, College Road, Madras – 600 006.
3. The District Elementary Educational Officer, Coimbatore District, Coimbatore.
4. The Assistant Elementary Educational Officer, Sultanpettai Panchayat Union, Sultanpettai, Coimbatore District.
M.V.MURALIDARAN,J.
vs WP.No.40897 of 2005 & WP.MP.No.43898 of 2005 & WV.MP.No.399 of 2006 01.08.2017