CoSE - 3rd Incentive

த நா ப க
இைண இய ந (ெதா க ) ெசய ைறக ,

ெச ைன-6
ந.க.எ . 9425/ேக/இ1/2014, நா .07.09.2022.
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ெபா - ப க – வழ – 3வ ஊ க ஊ ய உய சா பாக
ெதா வழ க - W.A. Nos. 3674/2019 தான
பாைண 29.04.2022 நா ட பாைண
ட ப ள ம தார க – த ள ம தார க
வர க ெச ைன உய ம ற ேகார ப ளதா 2
ன க அ ைவ மா ேகா த - சா .
பா ைவ - 1. ெச ைன உய ம ற ெதாடர ப ள ேம ைற
வழ W.A. Nos. 3674/2019 தான பாைண
29.04.2022.
2. ெச ைன உய ம ற ெதாைலேப வா லாக
ேகார ப ட வர க .
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பா ைவ 1 க ள ெச ைன உய ம ற ம ம ைர ைள / ைள
ெதாட ள ெதா வழ க சா பாக 29.04.2022 வழ க ப ட பாைண
ட ப ள ம தார கைள த ர த ள 3வ ஊ க ஊ ய உய சா பாக வழ
ெதாடர ப ட ம தார க வர கைள ெச ைன உய ம ற சம பத ஏ வாக
2 நா க க ட வர கைள அ ைவ மா அைன த ைம க
அ வல க ெத க ப ற .
ம தார ெபய , W.P. No. / பாைண W.A. Nos.
பத ம W.P.(MD) No. ெபற ப

இ நா
ப ப
பா ைவ-1 கா ம ற பாைண றாவ ஊ க ஊ ய உய

எ ைல வழ க யா எ உ யாக ெச ைன உய ம ற ெப
ப ள ைல இ வ கால க றாவ ஊ க ஊ ய உய
அ ம க டா எ அைன சா ைல அ வல க உ ய அ ைர வழ
ஆைண மா அைன த ைம க அ வல க அ கலா ற .
ேம 3வ ஊ க ஊ ய உய சா பாக வழ W.A. Nos. 3674/2019 தான

ெச ைன உய ம ற ெப பாைண நக ைன ன ச ல எ ெகா மா
ேக ெகா ள ப ற .
ஒ /-ெவ.ெஜய மா
இைண இய ந (ெதா க )
ெப ந
அைன த ைம க அ வல க
19 e:\e\k section\s1\10063.docx
W.A.Nos.3674 of 2019 etc.,batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 06.04.2022
DATE OF DECISION : 29.04.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
AND
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
W.A.Nos.3674 of 2019, 2249 of 2013, 838, 1233, 1234, 1355, 1088, 1548,
1586, 1666, 1667, 1668, 1669, 1670, 1694, 1726 of 2014, 8, 244, 256, 767
of 2015, 1712 of 2018, 1049, 1604, 1727, 1735, 1742 of 2015, 10, 51, 92,
122, 190, 235, 555, 564, 691, 750, 831, 850, 862, 1658 of 2016, 717, 718,
791, 913, 981, 1201, 1214, 1242, 1659 of 2017, 55, 576, 577, 578, 1642,
1938, 2006, 2032, 2157, 2732 of 2018, 317, 333, 506, 818, 1066, 1206,
1355, 1760, 1783, 1810, 1829, 1856, 3667, 3772, 3956, 3972, 3982, 4015,
4089, 4104 of 2019, 135, 322, 323, 324 of 2020, 380, 381, 1648, 1802,
2131, 2789 of 2021, W.A.(MD) Nos.817, 818 of 2017, 908, 916, 1154 of
2020, W.A.No.622 of 2015, W.A.(MD) Nos.664, 34, 77, 126 of 2015,
Review Application (MD) No.162 of 2014, W.A.(MD) Nos.1074 of 2013,
1137 of 2015, 1166, 1167, 1168, 1169, 1170 of 2013, 256, 309 of 2016,
314 of 2015,
W.P.Nos.32127, 32128 of 2016, 31054, 34498, 34499 of 2014, 1464,
1465, 3034, 3035, 3036, 16000, 26973, 31454, 31954, 37263, 37264,
1/81
https://www.mhc.tn.gov.in/judis
40225 of 2015, 36339, 39226, 39227, 39228, 39229, 39230, 39231, 39232,
39233, 39234, 39235, 39808, 39810, 39811, 39809, 39812, 39813, 39814,
39815, 39816, 39817, 39818 of 2016, 3430, 4644, 11841, 21404, 28426
of 2017, 2401, 2678 of 2018, 21789, 21792, 21795 of 2019, 23475 of
2021, W.P.(MD) No.19425 of 2014
1 Government of Tamil Nadu

Rep by its Secretary
School Education Department
Fort St George, Secretariat
Chennai 600 009.
2 The Director of School Education

DPI Campus, College Road
Nungambakkam, Chennai 600 006.
3 The Chief Educational Officer

Salem.
4 The Headmaster
Government Higher Secondary School
Amarakundhi Omalur Taluk
Salem District .. Appellants in WA No.3674 of 2019
1 The State of Tamil Nadu

Secretary to Government
Secretariat, Chennai 600 009
2 Director of School Education

Chennai .. Appellants in WA No.2249 of 2013

Chennai- 6
2 Joint Director of School Education

(Thozhil Kalvi), Chennai-6
3 District Educational Officer

Tirupur and Dist .. Appellants in WA No.838 of 2014

Chennai-6.
2/81
2 Chief Educational Officer

Vellore and Dist.
3 Headmaster
T.E.M. Government Girls Hr. Secondary. School
Sholingur, Vellore Dist. ..Appellants in WA Nos.1233 & 1234 of 2014
1 The Secretary to Government

Fort St. George, Chennai-9.
2 The Director of Elementary Education

College Road, Nungambakkam
Chennai-6.
3 The District Elementary

Educational Officer
Nagapattinam, Nagapattinam District.
4 The Additional Assistant

Elementary Educational Officer
Vedaranyam, Vedaranyam Taluk Appellants in WA No.1355 of 2014

Rep. by the Secretary to Government
School Education Department Fort St. George
Chennai 600 009.

College Road Nungambakkam
Chennai 600 006.

Thiruvallur District Thiruvallur. Appellants in WA No.1088 of 2014


College Road Chennai - 6.

Tiruvallur District Tiruvallur.
4 The Headmaster
3/81
Vidaiyur - 631 203. Tiruvallur District. Appellants in WA No.1548 of 2014

School Education Department, Fort St.George
Chennai-9

College Road, Chennai-6

Tiruvarur District, Tiruvarur
4 The Headmaster
The Government Girls Higher Secondary School
Koradacheri - 613 703 Tiruvarur District Appellants in WA No.1586 of 2014

School Education Department Fort St. George
Chennai 9

College Road Chennai 6

Tiruvallur District Tiruvallur Appellants 1 to 3 in WA 1666 to 1670 of 2014
4 The Headmaster
Government Boys Higher Secondary School
Uthukottai 602 026 Tiruvallur District 4th Appellant in WA Nos.1666, 1669, 1670 of 2014
4 The Headmaster
Arkadukuppam - 631 204 Tiruvallur District 4th Appellant in WA Nos.1667, 1668 of 2014

Chennai-6

Villupuram District Villupuram.
3 The Headmaster
Edapalayam-605 402
Villupuram Taluk and District. Appellants in WA No.1694 of 2014

4/81
Fort St. George

Chennai 9

College Road Chennai-6.

Krishnagiri Krishnagiri District
4 The Headmaster
Ikundam-635 203
Krishnagiri District. Appellants in WA No.1726 of 2014
1 The Secretary to the Government

Fort St. George, Chennai-9

College Road Nungambakkam
Chennai- 6
3 The District Elementary

Educational Officer Nagapattinam
Nagapattinam District Appellants in WA No.8 of 2015

Fort St.George, Chennai-9.

College Road, Chennai-6.
3 The District Educational Officer

Virudhunagar District, Virudhunagar. Appellants in WA No.244 of 2015

Chennai-6

Salem, Salem District Appellants in WA No.256 of 2015

College Road Chennai-6.
2 The Joint Director of School Education
5/81
(Higher Secondary) College Road

Chennai-6.

Virudhunagar, Virudhunagar District Appellants in WA No.767 of 2015

College Road Chennai 6

Kovilpatti, Tuticorin District. Appellants in WA No.1712 of 2018

2 The Director of School

Education College Road Nungambakkam
Chennai-6.

Vellore Vellore District.
4 The District Educational

Officer Vellore Vellore District. Appellants in WA No.1049 of 2015

DPI Campus College Road
Chennai-6

Thiruvannamalai District, Thiruvannamalai
3 The Headmaster
Government Girls Higher Secondary School
Kalasapakkam, Thiruvannamalai District Appellants in WA No.1604 of 2015

Nungambakkam, Chennai-6

Kaur Dist.,Karur
3 The Headmaster
6/81
Government Higher.Secondary School

K.Paramathi, Aravakurichi Taluk
Karur District Appellants in WA No.1727 of 2015

Fort St. George
Chennai-9.
2 The Director of School

Education College Road Chennai-6.

Dharmapuri, Dharmapuri District. Appellants in WA No.1735 of 2015

Fort St. George
Chennai-9

College Road , Chennai-6

Dharmapuri District, Dharmapuri
4 The Headmaster
Anumanthapuram 636 808 Dharmapuri District Appellants in WA No.1742 of 2015

Chennai-6

Villupuram District, Villupuram.

Villupuram District, Villupuram Appellants in WA No.10 of 2016

Chennai - 600 006

Villupuram District, Villupuram
3 The Headmaster
7/81
Kugaiyur - 606 301

Villupuram District Appellants in WA No.51 of 2016

Chennai-6

Thiruvannamalai District
Thiruvannamalai.
3 The Headmaster
Melpallipattu, Chengam Taluk-606 703
Thiruvannamalai District. Appellants in WA No.92 of 2016




Chennai-6

3 The Headmaster
Vandavasi-604 408
Thiruvannamalai District Appellants in WA No.190 of 2016

Fort St.George
Chennai-9.


Aruppukkottai.
Virudhunagar District Appellants in WA No.235 of 2016
8/81
1 The Government of Tamil Nadu

Rep.by its Secretary
Education Department
Fort St. George, Secretariat,
Chennai 600 009.

College Road, Chennai 600 006.

Thirupathur, Vellore District . Appellants in WA No.555 of 2016

Fort St.George, Chennai 600 009

College Road, Chennai 600 006

Chennai East, Chennai 600 094 Appellants in WA No.564 of 2016

Chennai 600 006

Tiruvannamalai District, Tiruvannamalai
3 The Headmaster
Government High School
Salukai, Vandavasi
Tiruvannamalai District. Appellants in WA No.691 of 2016

Rep.by its Secretary
Fort St. George, Secretariat
Chennai.

Nungambakkam Chennai.

Salem.
9/81
4 The Headmistress
Attur, Salem Dist. Appellants in WA No.750 of 2016

Chennai-6.

Vellore District, Vellore
3 The Headmaster
Neelakandarayapuram, Vellore District . Appellants in WA No.831 of 2016

DPI Campus, College Road,
Chennai-6

3 The Headmaster
Kudhiraichandal - 606 213 Villupuram District Appellants in WA No.850 of 2016

Tiruvannamalai & Dt.

Tiruvannamalai & Dt.
3 The Headmaster
Keezh Pennathur 604 601 . Appellants in WA No.862 of 2016

Chennai-6.

Thiruvannamalai.
3 The Headmaster
Government High School, Theyyar
Thiruvannamalai District. Appellants in WA No.1658 of 2016
10/81

Fort St.George
Chennai-9


Pudukottai District, Pudukottai
4 The Headmaster
Viralimalai 621 306
Pudukkottai District Appellants in WA No.717 of 2017

Fort St..George
Chennai-9


Cuddalore-1, Cuddalore Dist. Appellants in WA No.718 of 2017

Fort St. George
Chennai

College Road, Chennai.

Namakkal District, Namakkal Appellants in WA No.791 of 2017

Chennai-6

Thiruvannamalai and District
3 The Headmaster
Government High School,
Malamanjanoorpudur 606 708
11/81

Chennai-6

3 The Headmaster
Madam 604 502 Vandavasi Taluk
DPI Campus, College Road,
Chennai 600 006.

Tiruvannamalai Dt Tiruvannamalai.
3 The Headmaster
Salukai, Vandavasi
Thiruvannamalai Dt . Appellants in WA No.1201 of 2017

Chennai 600 006.

Tiruvannamalai Dt Tiruvannamalai.
3 The Headmaster
Mmudhur, Vandavasi
Thiruvannamalai Dt. Appellants in WA No.1214 of 2017

Chennai 600 006.

Tiruvannamalai Dt., Tiruvannamalai.
3 The Headmaster
Salukai, Vandavasi
Thiruvannamalai Dt . Appellants in WA No.1242 of 2017

rep by its Secretary to Government
12/81
Department of Education
Fort St.George
Chennai 600 009

Chennai 600 006

Cuddalore Educational District, Cuddalore
4 The Headmaster
Kurinjipadi, Cuddalore Dt. Appellants in WA No.1659 of 2017

Chennai-6

3 The Headmaster
Vellimedupettai Tindivanam Taluk
Villupuram District Appellants in WA No.55 of 2018

School Education
Fort St. George, Chennai 9

College Road, Chennai 6

Chennai North, Chennai-8 Appellants in WA No.576 & 577 of 2018

Chennai.

Tiruvannamalai District, Tiruvannamalai.
3 The Headmaster
Vandavasi, Tiruvannamalai Dt. Appellants in WA No.1642 of 2018
13/81
1 The Secretary to Government of Tamil Nadu

Adi Dravidar Welfare Department
Fort St. George Chennai-9.

College Road , Nungambakkam
Chennai-6.
3 The Director
Adi Dravidar Welfare Department
Chennai
4 The District Adi Dravidar Welfare Officer

District Adi Dravidar Welfare Office
Nagapattinam.
5 The Head Master

Government High School (Adi Dravidar Welfare)
Azhinchimangalam, Palaiyoor Post
Nagapattinam Taluk and District. Appellants in WA No.1938 of 2018

Chennai-600 006

Thiruvallur District, Thiruvallur
3 The Headmaster
Nerkundram-600107, Thiruvallur Dist. Appellants in WA No.2006 of 2018

rep. by the Secretary to Government
Secretariat, Chennai-9.

College Road
Chennai-6.

Coimbatore District, Coimbatore .Appellants in WA No.2032 of 2018

Chennai-6
14/81

Kancheepuram District,
Kancheepuram.

Chengalpattu
Kancheepuram District. Appellants in WA No.2157 of 2018
1 B.Paruvatham Appellant in WA No.2732 of 2018

Chennai

Salem. Salem Dist. Appellants in WA No.317 of 2019
1 P.Paulraj Appellant in WA No.333 of 2019
1 The Financial Consultant and

Accounts Officer (Audit)
Director of School Education
Nungambakkam, Chennai-6

Kancheepuram District, Kancheepuram.

Chengalpattu, Kancheepuram District.
4 The Headmaster
Pallikaranai, Chennai-100 Appellants in WA No.506 of 2019

Chennai-600 006

Kancheepuram, Kancheepuram district

Chengalpattu, Kancheepuram Dist. Appellants in WA No.818 of 2019

College Road, Chennai
2 The District Elementary Education Officer
15/81
Erode, Erode Dist
3 The Assistant Elementary Education Officer

Sathyamangalam, Erode Dist Appellants in WA No.1066 of 2019

Chennai - 600 006

Namakkal District, Namakkal
3 The Headmaster
Atanur, Rasipuram Tk, Namakkal District Appellants in WA No.1206 of 2019
Chennai.
2 The Chief Education Officer

Tiruppur and Dt. Appellants in WA No.1355 of 2019
1 K.Jothilingam Appellant in WA No.1760 of 2019

of Tamil Nadu
Fort St.George
Chennai - 9

College Road
Nungambakkam
Chennai – 600 006
3 The District Elementray Educational Officer

Nagapattinam
Nagapattianam District
4 The Additional Assistant Elementary

Educational Officer
Vedaranyam, Vedaranyam Taluk

Fort St.George
Chennai - 9
2 The Director of Elementary Eucation
16/81

Chennai - 6
3 The District Elementary Educational Officer

Nagapattinam, Nagapattinam District
4 The Additional Assistant Elementary

Educational Officer
Vedranyam, Vedaranyam Taluk
1 K.Manogaran Appellant in WA No.1829 of 2019
1 N.Kannuchamy Appellant in WA No.1856 of 2019
1 Secretary to Government
Fort St. George
Chennai-9

College Road
Chennai-6

Krishnagiri Dist., Krishnagiri
4 The Headmaster
Ikundam, Krishnagiri Dist-203 Appellants in WA No.3667 of 2019

Chennai 600 006

Krishnagiri, Krishnagiri District
3 The Headmaster
R.V.Government Boys Higher
Secondary School
Hosur and Post
Krishnagiri District Appellants in WA No.3772 of 2019
1 The Government of Tamil Nadu ]

rep.by its Secretary
Fort St.George
17/81
Secretariat, Chennai
2 The Director of School Educaion

DPI campus, College Road
Nungambakkam
Chennai.

Salem.
4 The Headmistress
Sentharapatti, Salem Dt. Appellants in WA No.3956 of 2019

Chennai-06.
Vellore District, Vellore.
3 The Headmaster
Banavaram, Vellore District. Appellants in WA No.3972 of 2019

Fort St.George, Secretariat
Chennai.

Nungambakkam
Chennai 600 006

Salem
4 The Headmaster
Jalakandapuram, Mettur Taluk
Salem District Appellants in WA No.3982 of 2019

rep by the Secretary
Fort St George, Chennai-9.
18/81
College Road
Chennai-6.

Pudukkottai District.
4 The Headmaster
Thirugokaranm, Pudukkottai District. Appellants in WA No.4015 of 2019

Government of Tamil Nadu
Chennai-9

Nungambakkam
Chennai-6

Namakkal District, Namakkal
4 The Headmaster
Belukuruchi, Namakkal District Appellants in WA No.4089 of 2019

Chennai-600 009
2 the director of school educa

tion dpic campus college road nungambakkam
chennai 600 006

Salem
4 The Headmaster
Chettimankuruchi, Idappadi Taluk
Salem District Appellants in WA No.4104 of 2019

Chennai 600 006
19/81

Thiruvallur District, Thiruvallur

Tiruttani Educational District
Thiruvallur District
4 The Headmaster
K.G.Kandigai, Thiruvallur District Appellants in WA No.135 of 2020

Villupuram, Villupuram District Appellant in WA No.322 of 2020

Fort St.George
Chennai-9

Cuddalore-1
Cuddalore District Appellants in WA No.323 of 2020

Fort St. George
Chennai-9.


Kuzhithurai at Marthandam
Kanyakumari District. Appellants in WA No.324 of 2020

Chennai-06

Tiruvannamalai District.
3 The Headmaster
Vadailluppai, Cheyyar Taluk
Tiruvannamalai District. Appellants in WA No.380 of 2021
20/81



1 M.Raja Appellant in WA No.1648 of 2021
1 The Educational Secretary

Government of Tamil Nadu
Secretariat, Fort St.George
Chennai 600 009

College Road
Nungambakkam
Chennai 600 006.
3 The Head master

Krishnagiri 635 001. Appellants in WA No.1802 of 2021

Government of Tamil nadu
Fort St.George
Chennai – 600 009.

Tiruvallur - 602 001.
3 The Additional Assistant Educational Officer

R.K.Pet Union R.K.Pet - 631 303
Tiruvallur District. Appellants in WA No.2131 of 2021

Fort St. George
Chennai-9

21/81

Cuddalore-1, Cuddalore Dt. Appellants in WA No.2789 of 2021

School Education
Fort St. George
Chennai-9

College Road
Chennai-6.

Virudhunagar District, Virudhunagar.

Aruppukkottai Educational District
Aruppukkottai, Virudhunagar (Dt).
5 The Headmaster
Tamilpadi, Virudhunagar (Dt). Appellants in WA(MD) Nos.817 & 818 of 2017

Rep. by its Secretary
Department of School Education
Fort.St.George, Chennai-600009

College Road, Chennai - 600006

Kanyakumari District, Nagercoil-629 001

Thuckalay, Kanyakumari District Appellants in WA(MD) No.908 of 2020

(Now District Educational Officer)
Sivagangai District.
2 The Assistant Elementary Educational Officer

(Now Block Educational Officer)
Illayankudi, Sivagangai District. Appellants in WA(MD) No.916 of 2020
1 M. Muthukaruppanan Appellant in WA(MD) No.1154 of 2020
22/81


Chennai-6.

Vellore, Vellore District

Vellore, Vellore District Appellants in WA No.622 of 2015

represented by its Secretary
Department of Education
St.George Fort
Chennai-9

Tenkasi Appellants in WA(MD) No.664 of 2015

School Education
Fort St.George, Chennai-9


Melur Educational District
Melur, Madurai District
4 The Headmaster
Pallapatti, Melur Taluk
Madurai District Appellants in WA(MD) No.34 of 2015

School Education
Fort St.George
Chennai 600 009

College Road
Chennai 600 006
23/81

Musiri Educational District
Musiri, Trichy District
4 The Secretary
Zamindar Higher Secondary School
Kattuputhur, Thottiyam Taluk
Trichy District Appellants in WA(MD) No.77 of 2015

Theni District

Andipatti, Theni District Appellants in WA(MD) No.126 of 2015
1 The Director of School Education Department

Chennai

Paramakudi
Ramanathapuram District Review Applicants in Rev.Apln(MD)No.162 of 2014
1 The Directorate of Elementary Education

College Road, DPI Compound
Chennai-6

Tirunelveli

Kadayanallur, Tirunelveli District Appellants in WA(MD) No.1074 of 2013

Devakottai
Sivagangai District Appellant in WA(MD) No.1137 of 2015

Fort St.George
Chennai


Madurai Educational District
Tallakulam, Madurai Appellants in WA(MD) Nos.1166 to 1170 of 2013
24/81

Chennai-6

Devakottai, Sivagangai District Appellants in WA(MD) No.256 of 2016

Melur, Madurai District
2 The Headmaster
Y.Othakadai, Madurai District Appellants in WA(MD) No.309 of 2016

rep by its Secretary to Government
Fort St.George, Chennai


O/o the District Elementary Educational Officer
Tirunelveli, Tirunelveli District
O/o the Assistant Elementary Educational Officer
Melaneelithanallur
Tirunelveli District Appellants in WA(MD) No.314 of 2015
1 R.Arthanari Petitioner in WP No.32127 of 2016

1 R.Mesiahdhas Petitioner in WP No.32128 of 2016
1 T.K.Lakshmana Bharathy Petitioner in WP No.31054 of 2014
1 R.Revathy Petitioner in WP No.34498 of 2014
1 K.T.Kanchana Petitioner in WP No.34499 of 2014
1 V.Kamaraj Petitioner in WP No.1464 of 2015
1 M.Panneerselvam Petitioner in WP No.1465 of 2015
1 Tmt.R.Govindammal Petitioner in WP No.3034 of 2015
1 Tmt.M.Senthamari Petitioner in WP No.3035 of 2015
1 S.Arokiaraj Petitioner in WP No.3036 of 2015
1 R.Rajamanickam Petitioner in WP No.16000 of 2015
1 S.Sujatha Petitioner in WP No.26973 of 2015
1 P.Elango Petitioner in WP No.31454 of 2015
1 M.Shanmugam Petitioner in WP No.31954 of 2015
1 S.Natrayan Petitioner in WP No.37263 of 2015
1 T.Jayasankar Petitioner in WP No.37264 of 2015
1 S.Sharpuddin Petitioner in WP No.40225 of 2015
1 J.Muthezelan Petitioner in WP No.36339 of 2016
1 A.Sundaresan Petitioner in WP No.39226 of 2016
1 K.Chandra Petitioner in WP No.39227 of 2016
25/81
1 D.Selvamuthu Petitioner in WP No.39228 of 2016

1 V.Adhilakshmi Petitioner in WP No.39229 of 2016
1 A.Mathappan Petitioner in WP No.39230 of 2016
1 G.Murugan Petitioner in WP No.39231 of 2016
1 A.Mathinabi Petitioner in WP No.39232 of 2016
1 A.Thangavelu Petitioner in WP No.39233 of 2016
1 A.Deniel Petitioner in WP No.39234 of 2016
1 G.Allapitchai Petitioner in WP No.39235of 2016
1 R.Jeevarathinaraju Petitioner in WP No.39808 of 2016
1 R.Arokiasamy Petitioner in WP No.39809 of 2016
1 V.Dhass Petitioner in WP No.39810 of 2016
1 B.Palani Petitioner in WP No.39811 of 2016
1 L.Danalakshmi Petitioner in WP No.39812 of 2016
1 M.Venkatesan Petitioner in WP No.39813 of 2016
1 V.Lakshmi Samethan Petitioner in WP No.39814 of 2016
1 V.Manoharan Petitioner in WP No.39815 of 2016
1 P.Krishnan Petitioner in WP No.39816 of 2016
1 G.Gunasekaran Petitioner in WP No.39817 of 2016
1 K.Krishnan Petitioner in WP No.39818 of 2016
1 J.Shanmugham Petitioner in WP No.3430 of 2017
1 K.Sivaraman Petitioner in WP No.4644 of 2017
1 N.Thilagam Petitioner in WP No.11841 of 2017
1 G.Johnson Petitioner in WP No.21404 of 2017
1 S.Selvarani Petitioner in WP No.28426 of 2017
1 K.G.Arumugam Petitioner in WP No.2401 of 2018
1 P.Kandasamy Petitioner in WP No. 2678 of 2018
1 Dr.P.Kalai Selvan Petitioner in WP No.21789 of 2019
1 Dr.P.Venkatesan Petitioner in WP No.21792 of 2019
1 Dr.V.M.Sivaji Petitioner in WP No.21795 of 2018
1 M.Mohamed Abdullah Petitioner in WP No.23475 of 2021
1 V.Mayalagu Petitioner in WP(MD)No.19425 of 2014
-vs-
1 R.Subramani Respondent in WA No.3674 of 2019
1 R.Sarangapani
2 Correspondent
Sambandam Higher Secondary School
Sembanarkoil Respondents in WA No.2249 of 2013
1 P.Rajamanickam
2 Senior Accounts Officer

O/o. the Principal Accounts General (A&E)
Tamil Nadu
3 Correspondent
26/81
Bishop Ubagaraswamy Higher Secondary School

Tirupur Respondents in WA No.838 of 2014
1 R.Bakthavachalam Respondent in WA No.1233 of 2014

1 B.Veman Respondent in WA No.1234 of 2014
1 D.Ramasamy Respondent in WA No.1355 of 2014
1 S.Mukundaiah Respondent in WA No.1088 of 2014
1 K.Jayalingam Respondent in WA No.1548 of 2014
1 Tmt.P.Vijayagowri Respondent in WA No.1586 of 2014
1 E.Thanikachalam Respondent in WA No.1666 of 2014
1 P.Nageswararao Respondent in WA No.1667 of 2014
1 M.Panneerselvam Respondent in WA No.1668 of 2014
1 M.Dhanamjayudu Respondent in WA No.1669 of 2014
1 S.Ramesh Respondent in WA No.1670 of 2014
1 D.Subramani Respondent in WA No.1694 of 2014
1 M.Sekar Respondent in WA No.1726 of 2014
1 A.Mathiyazhagan Respondent in WA No.8 of 2015
1 N. Maharani
2 The Secretary
Nadar Mahamai Higher Secondary School
Elayirampannai - 626 201 (Via) Sattur
Virudhunagar District. Respondents in WA No.244 of 2015
1 K.Ganesan Respondent in WA No.256 of 2015

1 M.Lakshmi Respondent in WA No.767 of 2015
1 P.Arunachalam
2 The Secretary
Nadar Higher Secondary School
Kovilpatti-628 501
Tuticorin District. Respondents in WA No.1712 of 2018
1 K.Padmini Respondent in WA No.1049 of 2015

1 G.Sivakumar Respondent in WA No.1604 of 2015
1 A.Sakthivel Respondent in WA No.1727 of 2015
1 K.Ramaprasath Respondent in WA No.1735 of 2015
1 V.Prabhakar Respondent in WA No.1742 of 2015
1 K.Mani Respondent in WA No.10 of 2016
1 S.Palaniselvam Respondent in WA No.51 of 2016
1 M.Krishnamurthy Respondent in WA No.92 of 2016
1 V.Sethuraj Respondent in WA No.122 of 2016
1 P.Ramu Respondent in WA No.190 of 2016
1 J.Esther Malliga
2 The Correspondent
27/81
Shn Ethel Harvey Girls Higher

Secondary School
Sattur-03, Virudhunagar Dist. Respondents in WA No.235 of 2016
1 M.Purushothaman Respondent in WA No.555 of 2016
1 Mrs.Ivy.Devaputhiran
2 The Correspondent
CSI Anderson Day Girls Higher Sec School
98, Acharappan Street, Chennai 600 001 Respondents in WA No.564 of 2016
1 M.Azhagi Respondent in WA No.691 of 2016

1 C.Paneerselvam Respondent in WA No.750 of 2016
1 Thiru.K.Arasu Respondent in WA No.831 of 2016
1 P.Selvaraj Respondent in WA No.850 of 2016
1 G.Janarthanan Respondent in WA No.862 of 2016
1 M.Subramanian Respondent in WA No.1658 of 2016
1 K.Balakrishnan Respondent in WA No.717 of 2017
1 A.Anthony Raj
2 The Correspondent
St.Josephs Higher Secondary School
Manjakuppam, Cuddalore. Respondents in WA No.718 of 2017
1 A.Ramasamy Respondent in WA No.791 of 2017

1 D.N.Kumarakuru Respondent in WA No.913 of 2017
1 V.Dhanasekaran Respondent in WA No.981 of 2017
1 A.Meyilvaganan Respondent in WA No.1201 of 2017
1 l.Varagunapandian Respondent in WA No.1214 of 2017
1 S.Krishnan Respondent in WA No.1242 of 2017
1 R.Balaji Respondent in WA No.1659 of 2017
1 A.Jeevandran Respondent in WA No.55 of 2018
1 P.Wilson Alexraj Respondent No.1 in WA Nos.576 & 577 of 2018

1 J.Gilbert Susai Raja Respondent No.1 in WA No.578 of 2018
2 The Headmaster / Correspondent

Don Bosco Higher Secondary School
Perambur, Chennai-600 011. Respondent No.2 in WA Nos.576, 577 & 578 of 2018
1 B.Gnanasambandam Respondent in WA No.1642 of 2018

1 N.Kannaiyan Respondent in WA No.1938 of 2018
1 K.Gomathi Respondent in WA No.2006 of 2018
1 S.Manoharan Respondent in WA No.2032 of 2018
1 K.Sundarajan Respondent in WA No.2157 of 2018
28/81

Fort St George, Chennai

College Road, Chennai

Trichy, Trichy Dist.
4 The Correspondent
Savithri Vidyasala Higher Secondary School
Trichy Respondents in WA No.2732 of 2018
1 M.Asokan Respondent in WA No.317 of 2019

Chennai-6

Chennai(South), Chennai-8
3 Secretary
M.G.R. Higher Secondary School
Kodambakkam, Chennai-24 Respondents in WA No.333 of 2019
1 K.Sakthivelu Respondent in WA No.506 of 2019

1 N.Kumaraswami Respondent in WA No.818 of 2019
1 S.Sakthivel Respondent in WA No.1066 of 2019
1 V.Chandrasekaran Respondent in WA No.1206 of 2019
1 V.Kalayarasi Respondent in WA No.1355 of 2019
1 Director of Elementary Education

Chennai-6
2 District Elementary Educational Officer

Villupuram Dist., Villupuram Respondents in WA No.1760 of 2019
1 R.Murugaiyan Respondent in WA No.1783 of 2019
1 V.Chithiravelu
2 The Secretary
Gnanambiga Aided Elementary School
Karuppambulam Post, Vedaranyam Tk
Nagapattinam District Respondents in WA No.1810 of 2019
1 State of Tamil Nadu

rep by the Principal Secretary
29/81
2 The Finance Secretary

Department of Finance
Secretariat, Chennai-9

Directorate of School Education
Chennai-6

District Educational Office
Thirupattur 635 601 Respondents in WA No.1829 of 2019
1 Chief Educational Officer

Coimabtore and Dt.
2 Headmaster
Nanjappa Municipal Boys Higher
Secondary School
Kadarpettai, Tiruppur Respondents in WA No.1856 of 2019
1 S.Sadhasivam Respondent in WA No.3667 of 2019

1 B.Ravichandran Respondent in WA No.3772 of 2019
1 K.Balasubramanian Respondent in WA No.3956 of 2019
1 G.Geetha Respondent in WA No.3972 of 2019
1 A.Balasundaram Respondent in WA No.3982 of 2019
1 R.Ganesan Respondent in WA No.4015 of 2019
1 N.Maheswari Respondent in WA No.4089 of 2019
1 R.Ravikumar Respondent in WA No.4104 of 2019
1 K.Geethanjali Respondent in WA No.135 of 2020
1 A.Thangavelu Respondent in WA No.322 of 2020
1 Tmt.P.Rajalakshmi
2 The Secretary
NLC Schools
Neyveli Lignite Corporation Ltd.,
Mahatma Gandhi Road
Neyveli 607 801 Respondents in WA No.323 of 2020
1 G.John Chrisastum
2 The Correspondent
St. Francis Higher Secondary School
Vavarai S.T.Mankad-629 172
Kanyakumari District Respondents in WA No.324 of 2020
1 N.Kanniyappan Respondent in WA No.380 of 2021
30/81
1 Tmt.Kasthuri
2 The Secretary
Kammavar(G) Hr.Sec. School
Kalugumalai 628 523
Thoothukudi District. Respondents in WA No.381 of 2021
1 State of Tamil Nadu

rep by its Home Secretary
Fort St George
Chennai-600 009.
2 The Director General of Police

Kamarajar Salai, Mylapore
Chennai-600 004.
3 The Commissioner of Police

No.132, EVK Sampath Road, Vepery,
Periyamet, Chennai-600 007. Respondents in WA No.1648 of 2021
1 V.Perumal Respondent in WA No.1802 of 2021

1 M.Narasimhan Respondent in WA No.2131 of 2021
1 R.Susai Raj
2 The Correspondent
St. Josephs Higher Secondary School
Manjankuppam, Cuddalore - 607 001 Respondents in WA No. 2789 of 2021
1 N.Alagarsamy Respondent in WA(MD) No.817 of 2017

1 V.Santhi Respondent in WA(MD) No.818 of 2017
1 P.B.Vinodh
2 The Secretary
Devaswom Higher Secondary School
Mondaikadu - 620 252
Kanyakumari District. Respondents in WA(MD)No.908 of 2020
1 A.Kulandaisamy Respondent in WA (MD) No.916 of 2020

School Education
Fort St. George
Chennai-600 009.

31/81

Madurai Educational District
Thallakulam, Madurai. Respondents in WA(MD) No.1154 of 2020
1 D.Barathi Respondent in WA No.622 of 2015
1 A.Ganesan
2 The Correspondent
A.V.S.High School
Pulingudi
Tirunelveli District Respondents in WA(MD) No.664 of 2015
1 S.Murugesan Respondent in WA(MD) No.34 of 2015
1 P.Arumugam Respondent in WA(MD) No.77 of 2015
1 K.Seeniammal Respondent in WA(MD) No.126 of 2015
1 N.Balasoundari
2 The Secretary and Correspondent

K.N.Girls Higher Secondary School
Kamuthi, Ramanathapuram District Respondents in Rev.Apln.(MD) No.162 of 2014
1 S.S.AL.Ameen
2 The Manager
Hidhayathul Islam Primary School
Kadayanallur, Tirunelveli District Respondents in WA(MD) No.1074 of 2013
1 V.Pernadsamy
2 The Correspondent
R.C.High School
Keela Utchani
Sivagangai District Respondents in WA(MD) No.1137 of 2015
1 K.Nagasubramanian Respondent No.1 in WA(MD) No.1166 of 2013

2 S.Bala Ayyappan Respondent No.1 in WA(MD) No.1167 of 2013
3 K.Sundararaja Pandian Respondent No.1 in WA(MD) No.1168 of 2013
4 P.M.Srinivasan Respondent No.1 in WA(MD) No.1169 of 2013
5 V.V.Sundaramoorthy Respondent No.1 in WA(MD) No.1170 of 2013
6 The Correspondent
Sourashtra Higher Secondary School
110, Kamarajar Salai
Madurai-9 2nd Respondent in WA(MD)Nos.1166 to 1170 / 2013
32/81
1 K.Rajadurai Respondent in WA(MD) No.256 of 2016
1 S.Joseph Respondent in WA(MD) No.309 of 2016
1 M.Michael Raj Respondent in WA(MD) No.314 of 2015

Fort St. George
Chennai-9


North Chennai, Chennai-600 008.
4 The Secretary
S.S.V.Aided Higher Secondary School
Ekambareswarar Koil Agraharam Street
Chennai-600 003 Respondents in WP No.32127 of 2016



Tirunelveli District, Tirunelveli-9 Respondents in WP No.32128 of 2016

Fort St. George
Chennai-9.


Cheranmahadevi @ Tirunelveli.
4 The Secretary
Ramaseshier Aided Higher Secondary School
Pattamadai-627453 Tirunelveli District Respondents in WP No.31054 of 2014

33/81
Fort St. George

Chennai-9


Kancheepuram District, Kancheepuram
4 The Head Master

Sozhinganallur 600 119
Kancheepuram District Respondents in WP No.34498 of 2014

Fort St. George
Chennai-9


4 The Headmaster
Anjoor-603 204, Kancheepuram District Respondents in WP No.34499 of 2014

Fort St. George
Chennai-9.

Thiruvarur, Thiruvarur District.
4 The Headmaster
National Higher Secondary School
Mannargudi-614 001, Thiruvarur District. Respondents in WP No.1464 of 2015


34/81

North Chennai, Egmore, Chennai-8.
4 The Secretary
T.T.V. Higher Secondary School
New No.199, Mint Street
Sowcarpet, Chennai-79 Respondents in WP No.1465 of 2015

Fort St. George
Chennai 9


Cuddalore 607 001, Cuddalore District
4 The Secretary
NLC Schools, Neyveli Lignite Corporation Ltd.
Mahatma Gandhi Road
Neyveli 607 801 Respondents in WP Nos.3034 to 3036 of 2015

Fort St. George
Chennai-9.

3 The District Educational Officer, Trichy

4 The Correspondent
St.Joseph College Higher Secondary School
Trichy-6. Respondents in WP No.16000 of 2015

Chennai - 600 006

Coimbatore District, Coimbatore
3 The Headmaster
Government Higher Secondary School Jameen
Uthukuli, Pollachi
Coimbatore District Respondents in WP No.26973 of 2015
35/81

Fort St. George
Chennai - 9


Cheranmahadevi @ Tirunelveli
Tirunelveli District
4 The Secretary
Papanasam Labour Welfare Rights
Higher Secondary School
Vikkiramasingapuram
Tirunelveli - 627 425 Respondents in WP No.31454 of 2015

Fort.St.George
Chennai-9.

College Road, D.P.I Compound
Chennai-6.

Thiruvallur, Thiruvallur District. Respondents in WP No.31954 of 2015

Fort St. George
Chennai - 9

Tiruppur, Tiruppur District Respondents in WP No.37263 of 2015

Fort St. George
Chennai - 9

36/81

4 The Headmaster
Ananthamangalam - 603 307
Kancheepuram District Respondents in WP No.37264 of 2015

Chennai-6.

Thiruvannamalai District.
3 The Headmaster
Vandavasi, Thiruvannamalai District. Respondents in WP No.40225 of 2015
1 The Principal Secretary to Government

Secretariat, Chennai-600 009.
2 The Director
DPI Campus, Nungambakkam
Chennai-600 006.

Nagapattinam
4 The District Programme Co-ordinator

Sarva Shiksha Abiyan Scheme
Nagapattinam Respondents in WP No.36339 of 2016
1 The Government of Tamilnadu

Rep. by Secretary to Government

Chennai-600 006.

Vellore, Vellore District. Respondents in WP Nos.39226 to 39228 of 2016
37/81


Chennai-600 006.

Salem, Salem District. Respondents in WP Nos.39229, 39230 & 39235/2016

Secretariat, Chennai-600 009

Chennai-600 006.

Krishnagiri, Krishnagiri District. Respondents in WP No.39231 of 2016


College Road, Nungambakkam,
Chennai-600 006.

Dharmapuri, Dharmapuri District. Respondents in WP No.39232 of 2016


Chennai-600 006.

Dindigul, Dindigul District. Respondents in WP No.39233 of 2016

38/81


Chennai-600 006.
3 The Asst. Elementary Education Officer

Gingee, Villupuram District. Respondents in WP No.39234 of 2016

Rep by Secretary to Government
2 The Diector of Elementary Education

Chennai-600 006

Vellore, Vellore District
4 The Assistant Elementary Education Officer

Sholingar, Vellore District Respondents in WP No.39808 of 2016


Chennai-600 006

Villupuram
Villupuram District

Kallakurichi, Villupuram District Respondents in WP No.39809 of 2016

2 Director of Elementary School Education

Chennai-600 006
39/81
3 The Asst. Elementary Educational Officer

Vandavasi, Thiruvannamalai District Respondents in WP No.39810 of 2016


College Road, Nungambakkam,
Chennai-600 006

Vellore, Vellore District Respondents in WP Nos.39811 to 39813 of 2016
1 The Government of Tamilnadu


Chennai-600 006

Vellore, Vellore District Respondents in WP No.39814 of 2016

2 Director of Elementary Education

Chennai-600 006

Coimbatore Coimbatore District Respondents in WP No.39815 of 2016

Chennai-600 006
40/81
Thiruvannamalai, Thiruvannamalai District Respondents in WP No.39816 of 2016


Chennai-600 006

Villupuram, Villupuram District Respondents in WP No.39817 of 2016


Chennai-600 006

Kanchipuram District Respondents in WP No.39818 of 2016

Fort St. George, Chennai 9


Ponneri, Tiruvallur District.
4 The Secretary / Correspondent

Vellayan Chettiar Higher Secondary School
Thiruvotriyur, Chennai-19 Respondents in WP No.3430 of 2017

School Education


Udhagamandalam, Nilgiris District
41/81
4 The Headmaster
Kothagiri Government Higher Secondary School
Kotagiri, Nilgiris District Respondents in WP No.4644 of 2017

Chennai-6.

District Collectorate Building
Salem-636 001.

Sankari, Salem District Respondents in WP No.11841 of 2017

Fort St.George, Chennai- 600 009.

College Road, Chennai-600 006.

O/o. The District Educational Office
Nagercoil-1, Kanyakumari District.
4 The Correspondent
The Salvation Army Higher Secondary School
Vetturnimadam, Nagercoil-3
Kanyakumari District. Respondents in WP No.21404 of 2017


Tiruppur, Tiruppur District 641 601

Tiruppur North, Tiruppur District 641 601 Respondents in WP No.28426 of 2017
1 The State of Tamil Nadu ]

rep by the Secretary to Government

Chennai-06
42/81

Thiruvannamalai Respondents in WP No.2401 of 2018
1 The Principal Secretary to Government

Secretariat, Chennai-9


Villupuram District, Villupuram Respondents in WP No.2678 of 2018

Fort St.George
Chennai 600009.
2 The Director
Directorate of School Education
College Road, DPI Compound
Chennai 600006.

Sathuvachari, Vellore District. Respondents in WP Nos.21789, 21792, 21795/2019

Department of School Education
Fort St.George, Chennai 600 009.

O/o The Director of School Education
Chennai 600 006.

O/o.The Chief Educational Officer
Chennai District
Presidency Girls Hr.Sec. School Campus
Egmore, Chennai 600008 Respondents in WP No.23475 of 2021
School Education

43/81

Manamadurai Union, Manamadurai
Sivagangai District. Respondents in WP(MD) No.19425 of 2014
Memorandum of Grounds of Review Application(MD) No.162 of 2014 filed under

Order XLVII, Rules 1 & 2 read with Section 114 of the Civil Procedure Code to review
the order dated 18.09.2014 made in WA(MD)No.867 of 2014.
Memorandum of Grounds of Writ Appeal(s) filed under Clause 15 of the Letters

Patent against
- the order dated 12.12.2013 passed in W.P.No.33668 of 2013 (W.A.No.3674 of 2019);
- the order dated 18.12.2013 passed in W.P.Nos.34388, 34389, 34390, 34391, 34392 of
2013 (W.A.Nos.1666, 1667, 1668, 1669, 1670 of 2014);
- the order dated 18.02.2014 passed in W.P.No. 4547 of 2014 (W.A.No.1726 of 2014);
- the order dated 05.09.2014 passed in WP.No.20400 of 2014 (W.A.No.1658 of 2016);
44/81
- the order dated 16.07.2014 passed in W.P.Nos.7974, 7975, 7976 of 2014

(W.A.Nos.576, 577, 578 of 2018);
45/81

- the order dated 01.11.2016 passed in W.P.(MD)Nos.20873, 20874 of 2016

(W.A.(MD)Nos.817, 818 of 2017);
- the order dated 03.08.2018 passed in W.P.(MD)No.17168 of 2018

(W.A.(MD)No.908 of 2020);
46/81
- the order dated 27.04.2018 passed in W.P.(MD)No.9209 of 2018 (W.A.(MD)No.916

of 2020);

of 2020);

(W.A.(MD)No.664 of 2015);

of 2015);

of 2015);

of 2015);

(W.A.(MD)No.1074 of 2013);

(W.A.(MD)No.1137 of 2015);
- the order dated 24.07.2013 passed in W.P.(MD)Nos.11802 to 11806 of 2013

(W.A.(MD)Nos.1166 to 1170 of 2013);
– the order dated 24.11.2015 passed in W.P.(MD)No.20389 of 2015

(W.A.(MD)No.256 of 2016);

(W.A.(MD)No.309 of 2016);

of 2015);
Writ Petition(s) filed under Article 226 of the Constitution of India, praying for
issuance of a Writ of Certiorarified Mandamus (or) for issuance of a Writ of Mandamus,
47/81
– calling for the records of the third respondent in Na.Ka.No.2951/A2/2016 dated

31.07.2016 and quash the same and direct the respondents 1 to 3 to sanction incentive
increments for acquiring M.Phil Qualification in the cadre of Head Master of Higher
Secondary School by extending the benefits of the GO Ms.Nos.209 and 15 School
Education Department dated 08.07.2010 and 28.03.2013 issued by the first respondent
to the petitioner (W.P.No.32127 of 2016);
– calling for the records of the third respondent in A.Thi.Mu.No.1428/43/2014 dated

increments for acquiring M.Phil Qualification in the cadre of PG Assistant by
extending the benefits of the GO Ms.Nos.209 and 15, School Education Department
dated 08.07.2010 and 28.03.2013 issued by the first respondent to the petitioner
(W.P.No.32128 of 2016);

increments for acquiring M.Phil qualification to the petitioner in the cadre of PG
Assistant by extending the benefits of the G.O.Ms.Nos.209 and 15, School Education
Dept. dated 08.07.2010 and 28.03.2013 issued by the first respondent
(W.P.No.31054 of 2014);
– calling for the records of the fourth respondent in Na.Ka.No.110/2014 dated

11.12.2014 and quash the same and direct the respondents to sanction incentive
Assistant by extending the benefits of the G.O.Ms.Nos.209 and 15 School Education
Department dated 8.7.2010 and 28.3.2013 issued by the first respondent
(W.P.No.34498 of 2014);
– calling for the records of the fourth respondent in Na.Ka.No.248/2014 dated

Assistant by extending the benefits of the G.O.Ms Nos.209 and 15 School Education
Dept. dated 8.7.2010 and 28.3.2013 issued by the first respondent (W.P.No.34499 of
2014);
– directing the first respondent to sanction incentive increments for acquiring M.Phil
qualification by extending the benefits of the G.O. Ms.No.209 and 15 School
Education Department dated 8.7.2010 and 28.3.2013 respectively to the petitioner
(W.P.No.1464 of 2015);

48/81
increments for acquiring M.Phil qualification in the cadre of PG Assistant by extending

the benefits of the G.O. Ms.No.209 and 15 School Education Department dated
8.7.2010 and 28.3.2013 issued by the first respondent to the petitioner (W.P.No.1465
of 2015);
– calling for the records pertaining to the order passed by the second respondent in Na.
Ka.No.34985/K/E1/2014 dated 19.11.2014 and quash the same and direct the
respondents 1 to 3 to sanction incentive increments for acquiring M.Phil qualification in
the cadre of PG Assistant by extending the benefits of the G.O.Ms Nos.209 and 15
School Education Department dated 8.7.2010 and 28.3.2013 issued by the 1st
respondent to the petitioner (W.P.No.3034 of 2015);
– calling for the records pertaining to the orders passed by the second respondent in Na.
Ka.No.80516/K/E1/2014 dated 19.11.2014 and quash the same and direct the
the cadre of PG Assistant by extending the benefits of the G.O.Ms.Nos.209 and 15
School Education Department dated 8.7.2010 and 28.3.2013 issued by the 1st
respondent to the petitioner (W.P.No.3035 of 2015);
– calling for the records pertaining to the orders passed by the second respondent in Na.
Ka.No.80515//K/E1/2014 dated 19.11.2014 and quash the same and direct the
the cadre of PG Assistant by extending the benefits of the G.O.Ms.Nos.209 and 15
School Education Dept. dated 8.1.2008 and 28.3.2013 issued by the 1st respondent to
the petitioner (W.P.No.3036 of 2015);
– calling for the records of the third respondent in A.Thi.Mu.No.1411/A/2015 dated

the benefits of the G.O.Ms.Nos.209 and 15 School Education Department dated
08.07.2010 and 28.03.2013 issued by the first respondent to the petitioner
(W.P.No.16000 of 2015);
– to call for the records relating to the proceedings of the third respondent in Na.Ka.No.
54/15-16 dated 06.07.2015 and to quash the same and consequently directing the
Respondents to sanction the incentive increment for the petitioner for acquiring M. Phil
degree with effect from 01.07.2008 within a time frame to be fixed by this Honourable
Court (W.P.No.26973 of 2015);
– calling for the records of the third respondent in OMu.No.1791/A3/2015 dated

the benefits of the G.O.Ms.Nos.209 and 15 School Education Dept dated 08.07.2010
49/81
and 28.03.2013 issued by the first respondent to the petitioner (W.P.No.31454 of

2015);
– calling for the records of the third respondent in connection with the impugned order
passed in Na.Ka.No.1877/A2/2015 dated 24.08.2015 and quash the same and direct
the respondents to extend the benefits granted in G.O.(2D) No.15 School Education
dated 28.03.2013 to the petitioner within a reasonable time (W.P.No.31954 of 2015);
– calling for the records of the third respondent in Omu.No.2338/A2/2015 dated

the benefits of the G.O.Ms.(D).Noa.209 and 15 school Education Department dated
08.07.2010 and 28.03.2013 to the petitioner (W.P.No.37263 of 2015);
– calling for the records of the fourth respondent in proceedings Nil dated 25.09.2015
and quash the same and direct the respondents to sanction incentive increments for
acquiring M.Phil qualification in the cadre of PG Assistant by extending the benefits of
the G.O.Ms.(D).Nos.209 and 15 School Education Department dated 08.07.2010 and
28.03.2013 to the petitioner (W.P.No.37264 of 2015);
– to call for the records relating to the proceedings of the third respondent in Na.Ka.No.
136/A1/2005 dated 15.07.2005 and quash the same and consequently direct the
respondents to sanction the 3rd incentive increment to the petitioner from the date of
acquiring M.Ed. degree within a time frame to be fixed by this Honourable Court
(W.P.No.40225 of 2015);
– to call for the records pertaining to the order dated 18.08.2016 vide Reference No.
A.T.M.No.2701/A1/ATE/2016 passed by the 4th respondent herein and quash the
same and consequently directing the 3rd respondent to give increment on pay scale of
the petitioner on the basis of G.O. (2D) No.15 School Education (J) Department
dated 28.03.2013 which was issued by the 1st respondent herein (W.P.No.36339 of
2016);
– directing the respondents to sanction third incentive increment for acquiring B.Ed.
Degree in the year July 1980 to the petitioner and settle all the consequential monetary
benefits payable to the petitioner within a stipulated time as fixed by this Honourable
Court (W.P.No.39226 of 2016);
– directing the respondents to sanction second and third incentive increments for
acquiring M.Ed. Degree in the year May 1992 and M.A. Degree in the year Nov.
1990 to the petitioner and settle all the consequential monetary benefits payable to the
petitioner within a stipulated time as fixed by this Honourable Court (W.P.No.39227 of
50/81
2016);
– directing the respondents to sanction third incentive increment for acquiring M.Ed.
Degree in the year May 1992 to the petitioner and settle all the consequential monetary
Court (W.P.No.39228 of 2016);
Degree in the year Dec.1987 to the petitioner and settle all the consequential monetary
Court (W.P.No.39229 of 2016);
Court (W.P.No.39230 of 2016);
Court (W.P.No.39231 of 2016);
Court (W.P.No.39232 of 2016);
Court (W.P.No.39233 of 2016);
Court (W.P.No.39234 of 2016);
– directing the respondents to consider and pass orders on the petitioners M.Ed. Degree
in the year May 1999 (W.P.No.39235 of 2016);
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Court (W.P.No.39808 of 2016);
Degree in the year April 1990 to the petitioner and settle all the consequential monetary
Court (W.P.No.39809 of 2016);
Degree in the year Feb. 1993 to the petitioner and settle all the consequential monetary
Court (W.P.No.39810 of 2016);
– directing the respondents to sanction third incentive incrementfor acquiring M.Phil.

Court (W.P.No.39811 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Phil.
Degree in the year 1997 to the petitioner and settle all the consequential monetary
Court (W.P.No.39812 of 2016);
– directing the respondents to sanction third incentive increment for acquiring M.Phil.
Court (W.P.No.39813 of 2016);
Degree in the year Dec. 1992 to the petitioner and settle all the consequential monetary
Court (W.P.No.39814 of 2016);
Degree in the year 1989 to the petitioner and settle all the consequential monetary
Court (W.P.No.39815 of 2016);
Degree in the year Dec 1989 to the petitioner and settle all the consequential monetary
Court (W.P.No.39816 of 2016);
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Court (W.P.No.39817 of 2016);
Degree in the year June 1991 to the petitioner and settle all the consequential monetary
Court (W.P.No.39818 of 2016);
– calling for the records of the fourth respondent in his proceedings Nil dated 01.02.2017
and quash the same and direct the respondents to sanction incentive increments for
acquiring M.Phil qualification in the cadre of PG Assistant by extending the benefits of
the GO MS (D) No.209 and G.O.Ms.(2D) No.15 School Education Department dated
08.07.2010 and 28.03.2013 issued by the first respondent (W.P.No.3430 of 2017);
– to call for the records pertaining to impugned order passed by the 3rd respondent in
A.Thi.Mu.No.311/Aa1/2017 dated 4.2.2017 and quash the same as illegal and
consequently direct the respondents to sanction 3rd incentive increment for possessing
M.Phil degree to the petitioner, in the light of the orders of this Court in W.P.(MD)
No.14215/2015 dated 10.8.2015, W.P.(MD)No.2395/2015 dated 24.2.2015 and
W.P.No.9200 of 2011 and in the light of G.O.Ms. (2D) No.15 School Education (J)
Department dated 28.3.2013 (W.P.No.4644 of 2017);
– directing the respondents to sanction incentive increment for the petitioner from the
date of acquiring M.Phil Degree with arrears of salary with interest within a time frame
to be fixed by this Honourable Court (W.P.No.11841 of 2017);
– directing the 3rd respondent herein to sanction incentive increment for the period for
possessing M.Phil. Qualification by extending the be benefits of the G.O.Ms.No.209
and G.O. Ms.No.15 School Education Department dated 08.07.2010 and 28.03.2013
respectively issued by the 1st respondent and also in the light of the order passed by
this Honourable Court in W.A.(MD)No.426 of 2008 dated 07.06.2008, W.P.
No.5704 of 2007 dated 19.08.2009, W.P.No.9200 of 2011 dated 12.04.2011 and
W.P.(MD) No.11802 to 11806 of 2013 dated 24.07.2013 within the time frame that
may be stipulated by this Honourable Court (W.P.No.21404 of 2017);
– calling for the records relating to the impugned proceedings issued by the 3rd
respondent Assistant Elementary Educational Officer in Sey.Mu.No.1875/A1/2014
dated 29.6.2017 (Cancelling the incentive increment sanctioned to the petitioner and
further directing the petitioner to repay the two advance incentive increments already
paid w.e.f. 18.1.2013 for acquiring the additional qualification of M.Phil Degree)
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quash the same and further direct the respondents herein to continue to pay salary of
the petitioner with third incentive increment which the petitioner had been drawing
since 18.1.2013 with all attendant benefits (W.P.No.28426 of 2017);
– directing the respondents to sanction and grant 3rd incentive increment to the petitioner
for acquiring M.Ed. Degree and fix the scale of pay accordingly and pay the arrears
from June 1991 the date on which the petitioner had acquired M.Ed Degree
(W.P.No.2401 of 2018);
– to call for the records pertaining to the order passed by the 1st respondent in Letter No.
31192/Nee.Va.1(2)/2016-4 dated 14.9.2017 and to quash the same as illegal,
incompetent and ultra vires and consequently direct the respondents to pay the 3rd
incentive for the additional education qualification acquired by the petitioner in the
light of the G.O.Ms.(2D) No.15 dated 28.3.2013 (W.P.No.2678 of 2018);
– directing the respondents to consider the petitioner representation dated 29.11.2018 to

sanction the 3rd incentive increment to the petitioner from the date of acquiring P.hd
degree within a time frame to be fixed by this Honourable Court (W.P.No.21789 of
2019);

2019);

2019);
– calling for the records pertaining to the impugned order dated 29.06.2021 in
Na.Ka.No. 3906/AA1/2021 passed by the 3rd respondent and quash the same as illegal
and arbitrary consequently direct the respondents to sanction the third incentive
increments to the petitioner from the date of acquiring Ph.D in Education
(W.P.No.23475 of 2021);
– calling for the records pertaining to the order passed by the 3rd respondent in
Ne.The.Mu.1819/A1/14 dated 14.11.2014 and quash the same as illegal and
consequently direct the respondents to sanction 3rd incentive increment for possessing
M.A., from 05.06.2002 to the petitioner in the light of the order of this Hon'ble Court
dated 20.12.2007 in W.P.(MD)No.2528 of 2007, order dated 12.04.2011 in
W.P.No.9200 of 2011, order dated 05.07.2013 in W.P.(MD) Nos.7291 of 2011 batch,
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order dated 24.07.2013 in W.P.(MD) Nos.11802 of 2013 and batch, order dated
18.09.2014 in W.A.(MD)No.867 of 2014 and in the light of G.O.Ms.No.17, School
Education Department dated 08.01.2008, G.O.Ms.No.209, School Education
Department dated 08.07.2010 and G.O.(2D) No.15, School Education Department
dated 28.03.2013 (W.P.(MD)No.19425 of 2014).
For Review Applicants/

Appellants :: Mr.Haja Nazirudeen
Additional Advocate General
assisted by Mrs.Mythreye Chandru
Special Government Pleader
for the State
Mr.G.Mutharasu,
Mr.M.Vittal Kumar for
private appellants
For Respondents/
Writ Petitioners :: Mr.S.Kamadevan, Mr.G.Sankaran,
Mr.P.Ganesan for
M/s C.S.Associates
Mr.S.Vijayan,
Mr.LN.V.Kasinatha Bharathi,
Mr.R.Suresh,
Mr.A.Mathiyazhagan
Mr.R.Saseetharan,
Mr.P.Arunachalam,
Mr.R.Nalliyappan, Mr.S.Mani,
Mr.G.Punniyakotti,
Mr.R.Gopinath,
Mr.Sai Giridhar, Mr.R.Jayaprakash,
Mr.V.R.Rajasekaran,
Mr.S.Nedunchizhiyan,
Mr.L.Chandrakumar,
Ms.Jasmine Padma,
M/s A.Arul Mary,
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Mr.F.B.Benjamin George,
Mr.K.R.Gunashekar,
Mr.M.Venkatakrishnan,
Mr.V.Thirupathi,
Mr.S.Thanka Sivan,
Mr.S.Praveen Kumar,
Mr.M.Venkadeshan,
M/s Isaac Chambers,
Mr.A.Rajendiran,
Mr.M.Vijay Anand,
Mr.A.Arulvadivel @ Sekar
Mr.S.Xavier Raniji,
Mr.V.Panneerselvam,
Mr.S.Chellapandian,
Mr.C.Jeganathan,
Mr.M.Mohanasundaram,
Mr.L.Rajah
Mr.C.Venkatesh Kumar for
M/s Ajmal Associates
JUDGMENT
T.RAJA, J.
Due to a cleavage in the judicial opinion between two Division
Benches, namely, one Division Bench in W.A.(MD) Nos.701 and 769 of
2015 etc., dated 15.07.2015 (The Director of School Education and others v.
S.Amalraj) holding that a teacher is entitled to a third set of incentive
increment on account of acquiring higher qualification and another Division
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Bench in W.A.No.1664 of 2016 dated 29.06.2018 (The Director of School
Education and others v. V.Dhanapal) taking a contra view that during the
entire tenure of a teacher's service, as per the policy decision of the
Government, a teacher shall be granted only with two incentive increments,
equivalent to four advance increments, and, therefore, as a matter of right, a
teacher cannot claim the third set of incentive increment, the Hon'ble First
Bench, in its order dated 03.03.2020, has referred the matter for
consideration by a larger Bench and that is how this Full Bench has been
called upon to answer the reference on the following question:
“Whether a teacher is entitled to a third
incentive increment on account of acquiring an
M.Phil qualification or not?”
2. Since we have been called upon to answer the reference on the
aforementioned question, as a prelude, for the sake of convenience, the facts
giving rise to the filing of the Writ Appeal No.3956 of 2019 by the State are
briefly narrated in this order. Mr.K.Balasubramanian, the respondent in
W.A.No.3956 of 2019 (writ petitioner) was appointed as a Secondary Grade
Teacher on 12.01.1989. He was awarded advance increments twice for
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having acquired higher qualification of M.Com. and B.Ed. Subsequently, he
was promoted as B.T. Assistant and on 27.07.2006, he was again promoted
as P.G. Assistant (Commerce). While so, in the year 2007, since he passed
M.Phil, he sent a representation to the authorities seeking the third set of
incentive increment for acquiring the M.Phil., qualification, in the light of the
judgment of this Court in W.A.No.426 of 2008 granting the third incentive
increment to similarly placed persons. It was further averred that pursuant
to the said judgment of this Court, the Government had also issued orders
awarding the third incentive increment to one Kasikani, Latha Devi and
others. However, since no orders were passed on his representation, he filed
the Writ Petition No.31690 of 2013 for a mandamus to direct the
respondents therein to award the third incentive increment to the writ
petitioner for having acquired the higher qualification of M.Phil w.e.f.
1.7.2007 and confer all consequential benefits. The learned single Judge,
holding that the issue is covered by the Division Bench judgment of this
Court in W.A.Nos.2604 to 2606 of 1999 and the order dated 24.07.2013 in
W.P.(MD) Nos.11802 to 11806 of 2013 and the order dated 24.03.2009 in
W.P.No.42299 of 2006 and the said orders were also implemented by
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issuance of G.O.(2D) No.15, School Education (J) Department, dated
28.03.2013, disposed of the writ petition by directing the first respondent
therein to award the third incentive increment to the writ petitioner for
acquiring the higher qualification of M.Phil w.e.f. 1.7.2007, by passing
appropriate orders on the writ petitioner's representation dated 19.10.2013,
on merits and as per law, within a period of twelve weeks from the date of
receipt of a copy of the order, giving rise to the filing of the Writ Appeal
No.3956 of 2019 by the State.
3. Mr.Haja Nazirudeen, learned Additional Advocate General
appearing for the State argued that when the service is rendered by a teacher
in a particular cadre, it cannot be interpreted as an independent service from
the service of B.T. Assistant or P.G. Assistant or Higher Secondary School.
Such an argument advanced on behalf of the teachers is certainly absurd and
deserves no consideration, for, the Government do not envisage incentive to
any particular cadre alone. Once incentive as a “concession” is being
provided by the Government apart from the yearly increment, it remains in
the scale of pay even after appointment by transfer as P.G. Assistant.
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Therefore, on being appointed as P.G. Teacher, the service period of a
teacher is continuous without interruption and his/her scale of pay implanted
with two incentive increments also would be taken into consideration for the
purpose of “pension”. Hence, the services rendered in the cadre of P.G.
Assistant cannot be construed as a different one. This apart, the
Government have also taken a policy decision in G.O.Ms.No.286, School
Education Department, dated 28.11.2007, making it clear that “two
incentives” (four increments) only may be granted to the teachers for the
entire period of their service including the services rendered in the cadre of
Secondary Grade Teacher, B.T. Assistant or P.G. Assistant. Thus, the
contention of the writ petitioners that they are entitled to get the third set of
incentive increment is not sustainable.
4. Per contra, Mr.G.Sankaran, Mr.L.Chandrakumar,
Mr.R.Saseetharan, Mr.S.Kamadevan, Mr.P.Ganesan, learned counsels
appearing for the respective respondent(s)/writ petitioner(s) contended that
the Government of Tamil Nadu, vide G.O.Ms.No.1023, Education, Science
& Technology Department, dated 09.12.1993, took a policy decision that a
teacher who obtained two sets of advance incentive increments (four
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increments) for B.Ed. and then for M.A., is also entitled for another
incentive increment for M.Ed. also, i.e., third set of incentive increment, and
the said G.O. further clarifies that the grant of third set of incentive
increment is only applicable to the past cases, namely, those who have
already obtained the above qualification prior to the date of issue of these
orders. It was further argued that as per G.O.Ms.No.747, Finance (PC)
Department, dated 18.08.1986, the P.G. Teacher and the Head Masters of
Higher Secondary Schools who have acquired M.Ed. degree are eligible for
two advance increments. When the writ petitioners acquired the M.Ed/
M.Phil/Ph.D qualification before the issuance of G.O.Ms.Nos.1023 and
1024, dated 09.12.1993, they are entitled to the third incentive increment for
having acquired higher qualification.
5. Again taking support from the judgment of the Hon'ble Division
Bench of this Court in W.A.No.228 of 2011, dated 09.10.2014, learned
counsels argued that the P.G. Assistants are entitled for the third set of
incentive increment for having acquired M.Phil/Ph.D qualification, which
have been acquired before the limitation imposed in G.O.Ms.Nos.1023 and
1024, dated 09.12.1993. Referring to Section 43 of the Tamil Nadu
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Government Servants (Conditions of Service) Act, 2016, learned counsels
argued that when an appointment by recruitment by transfer is made to a
class or category in a State Service from among the holders of posts in a
Subordinate Service, the post has to be considered as a selection category
and therefore, after becoming B.T. Assistant, he/she will be treated as one
service, because the Secondary Grade Teacher and B.T. Assistant are
governed by the Special Rules for Tamil Nadu Elementary Education
Subordinate Service Rules, whereas the appointment of P.G. Assistant is
governed by the Special Rules for Tamil Nadu Higher Secondary Education
Subordinate Service Rules. Therefore, according to them, since the two sets
of incentive increments were granted while serving as Secondary Grade
Teacher and B.T. Assistant, there is nothing wrong in granting the third
incentive increment while serving as P.G. Assistant for having acquired
M.Phil/M.Ed., qualification, because, their conditions of service are governed
by the Special Rules for Tamil Nadu Higher Secondary Education
Subordinate Service Rules.
6. Further, referring to Section 3 of the Tamil Nadu Government
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Servants (Conditions of Service) Act, 2016, learned counsels argued that
“appointed by transfer” means appointment of a member of a service from
one category to another category in the same service carrying identical levels
of pay. Therefore, he contended that when B.T. Assistants are appointed by
transfer as P.G. Assistants, they belong to a different service, hence, award
of incentive increment cannot be construed as third incentive increment.
Referring to the judgment of the Division Bench in W.A.Nos.2604 to 2606
of 1999, etc. batch, dated 20.06.2006, learned counsels argued that this
Court has already upheld the granting of third set of incentive increment to
the P.G. Assistants. Pursuant to the said judgment of the Division Bench, the
Government issued G.O.Ms.No.194, School Education (E2) Department,
dated 10.10.2006, granting third set of increment to P.G. Assistants.
Subsequently, when an appeal was preferred, the Hon'ble Apex Court by its
order dated 03.12.2007 passed in SLP(Civil) CC.Nos.11536-11544/2007,
has confirmed the above said judgment of this Court. Therefore, when the
Government have accepted the grant of third set of incentive increment to
P.G. Assistants for having acquired the higher qualification, the same cannot
be now refused by the Education Department. Therefore, reference before
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the Larger Bench is unnecessary, he pleaded.
7. The learned counsels appearing for the other writ petitioners also
advanced their arguments on similar lines.
8. Heard learned Additional Advocate General appearing for the State
and the learned counsels appearing for the writ petitioner(s) and perused the
materials available on record.
9. In order to encourage the school teachers to acquire
additional/higher qualification for the purpose of providing qualitative
education to the student community, the Government introduced the concept
of grant of advance incentive increments to the teachers working in the
Elementary or Middle Schools in the post of Secondary Grade Teacher; in
the High Schools in the post of B.T.Assistant and in the Higher Secondary
Schools in the post of P.G.Assistant. The teachers working in the Elementary
and Middle Schools are governed by the Special Rules for Tamil Nadu
Elementary Education Subordinate Service Rules. Similarly, the teachers
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working in the High Schools are governed by the Special Rules for Tamil
Nadu School Education Subordinate Service Rules and the teachers working
in the Higher Secondary Schools are governed by the Special Rules for Tamil
Nadu Higher Secondary Education Subordinate Service Rules. Originally,
G.O.Ms.No.42, School Education Department, dated 10.01.1969 was
issued, accepting the proposal of the Director of School Education, to grant
incentive increment to the teachers working in the schools, namely,
elementary, middle, high or higher secondary for acquiring higher
educational qualification, because, at the relevant point of time, all the
schools were coming under the umbrella of Directorate of School Education.
Subsequently, in order to ensure effective superintendence and control, the
Directorate of School Education was bifurcated into Directorate of
Elementary Education, Directorate of High School and Higher Secondary
School Education. As per para (ii) of the Annexure to the said G.O., a
Secondary Grade Teacher after passing B.Ed., Degree examination qualifies
for M.A., or M.Sc., or M.Ed., Degree while working in Secondary Grade
post, may be given additional increment for the second time also i.e., two
advance increments after passing B.T., or B.Ed., Degree and another two
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increments after passing M.A., or M.Ed. Similarly, the B.T. Teachers after
passing M.A., or M.Sc., qualifies for M.Ed., Degree while working in B.T.
Assistant or Headmaster post are also given two advance increments for the
second time also i.e., two advance increments after passing M.Ed., Degree.
Thereafter, based on the recommendations of the One Man Committee to
extend the scheme of incentive increment for additional qualification to the
P.G.Teachers and Headmasters of Higher Secondary Schools, the
Government issued G.O.Ms.No.747, Finance (PC) Department dated
18.08.1986 ordering that the P.G.Teachers and Headmasters of Higher
Secondary Schools who possess or acquire Post Graduate qualification i.e.,
M.Ed. Degree shall be granted two advance increments in the scale of pay
admissible to them, in addition to their normal annual increments. The said
G.O., also specifically stated that such of the teachers/Headmasters who
have already availed themselves of the incentive increments for M.Ed.,
qualification under the existing scheme of incentive to teachers for acquiring
higher qualification, are not eligible to draw the incentive increment
sanctioned in that order.
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10. When the real intention of the incentive scheme as envisaged in
the Annexure to G.O.Ms.No.42, School Education Department, dated
10.01.1969 is to sanction two incentive increments i.e., four advance
increments only to a teacher for acquiring higher qualification, the
Government, although sanctioned the fifth and sixth increments in a
particular case, namely, that the Secondary Grade Teachers who got two
advance increments for B.T., or B.Ed., qualification in the Secondary Grade
posts and then two advance increments for M.A., or M.Sc., qualification in
the post of B.T.Assistant shall be eligible for two more advance increments if
they have already obtained the M.Ed., qualification in the post of
B.T.Assistant, based on the orders passed by this Court in W.P.No.5191 of
1986 dated 21.10.1986 and also extended the said benefit to similarly placed
persons with a rider that this concession would be admissible only to past
cases i.e., to those teachers who have already obtained the above
qualification prior to the date of issuance of the G.O.Ms.No.1023,
Education, Science and Technology Department dated 09.12.1993 and also
made it clear that in future, the maximum number of advance increments
admissible to a teacher for obtaining higher qualification shall be four only,
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thought it fit to bring in the amendment to the G.O.Ms.No.42, Education
dated 10.01.1969 on the very same day, as a necessary corollary, issued the
G.O.Ms.No.1024, Education, Science and Technology Department dated
09.12.1993. For better understanding, the said G.O., is extracted hereunder:-
“GOVERNMENT OF TAMIL NADU

ABSTRACT
Education Incentive Increment to teachers in schools for acquiring

higher educational qualification – Admissibility of number of
incentive increments – Amendment – issued.
EDUCATION SCIENCE & TECHNOLOGY DEPARTMENT
G.O.Ms.No.1024 Dated : 09.12.1993
READ
1. G.O.Ms.No.42, Education dated 10.01.1969
2. Govt.Letter Ms.No.590, Education dated 29.03.1976
3. G.O.Ms.No.746, Education dated 30.06.1989.
4. G.O.Ms.No.1023, Education dated 09.11.1993.
ORDER:
In the G.O.first read above, Government have issued orders

sanctioning incentive increments to teachers for acquiring higher
qualification. As per the above orders read with the Government
letter second read above, the maximum number of advance
increments admissible to a teacher is four. However, in a
particular case who got two increments while working as
Secondary Grade Teacher and then after promotion as
B.T.Assistant and passed M.A., and then M.Ed., qualifications
the High Court has passed orders allowing 5th and 6th increments.
In its order dated 21.10.1986, in W.P.No.5191 of 1986, the High
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Court has held as follows:-
“There is no dispute G.O.Ms.No.42, Education dated

10.01.1969, must apparently govern the question of award
of the two incentive increments for the petitioner acquiring
M.Ed., degree from 1976. But what is put against the
petitioner in letter G.O.Ms.No.590, Education dated
29.03.1976, where a limitation is prescribed that there
could be only four advance increments for acquiring
higher qualifications. Certainly this letter cannot override
the Government Order referred to above practically the
order refers to and relies upon this letter alone and that is
not permissible. Accordingly, the writ petition is allowed.”
2). Government have examined the need for allowing the 5th
and 6th increment to persons placed in similar circumstances and
issuing fresh orders setting out the fact of the admissibility of
increments to future cases separately and accordingly orders were
issued in the G.O.fourth read above. In para 5 in G.O.s, first and
third read above will be issued separately.
3). Government now issue the following amendments to the

G.O.first and third above.
(i) In the annexure to G.O.Ms.No.42, Education dated

10.01.1969, for paragraph (ii), the following paragraph shall be
substituted, namely:
(ii) A Secondary Grade Teacher who has passed B.T or

B.Ed., degree examination and obtained two advance increments
shall be eligible for another two advance increments for passing
M.A., M.Sc., or M.Ed degree while working either in the
Secondary Grade post or in the B.T./B.Ed., Assistant post. A B.T.
Teacher who after passing M.A., or M.Sc., and obtained two
advance increments shall be eligible for another two advance
increments is qualified M.Ed., degree while working in B.T
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Assistant post or Headmaster post.
(ii) a) The maximum number of advance increments which

a Teacher can get got under the scheme of incentive increments
under this Government Order shall be four in his entire service.
(2) In G.O.Ms.No.746, Education, dated 30.06.1989, for

paragraph 4, the following paragraph shall be substituted,
namely:-
(3) The Government have considered the orders of the High

Court referred to in para 3 above and the request of Thiru
V.Asirvatham to allow two more advance increments to him for
acquiring M.Ed., Qualification.
(4). These orders shall take effect from the date of issue.
(5). This order issues with the concurrence of Finance

Department vide its U.O.No.84674/Educaiton.93-1 dated
14.10.1993.
(By Order of the Governor)

JAYANTHI
Secretary to Government”
11. By the aforementioned Government Order, it was clearly indicated
that the maximum number of advance increments which a teacher could get
under the scheme of incentive increments, shall be four in his/her entire
service. When the maximum number of the advance increments which a
teacher can get under the scheme of incentive increments under the aforesaid
Government Order shall be four in his/her entire service, the writ petitioners
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cannot make a claim that they are entitled for the third set of incentive
increment, taking advantage of the earlier G.O.Ms.No.746, Education dated
30.06.1989 allowing two more advance increments to one P.Asirvatham for
acquring M.Ed., qualification, as an exceptional case, in terms of the order
passed by this Court. Similarly, the Post Graduate Teachers who possess
higher qualification of M.Phil/Ph.D/P.G.D.T.E., cannot contend that they are
also entitled to the third set of incentive increment by placing reliance upon
G.O.Ms.No.1170, Education, Science and Technology Department dated
20.12.1993 and G.O.Ms.No.194, School Education (E2) Department dated
10.10.2006 that they have acquired the higher qualification, because, the
Government, taking a policy decision, has issued the G.O.Ms.No.285,
School Education Department dated 28.11.2007, that only two incentives
(four increments) only may be granted to the teachers for the entire period of
their service. The said Government Order reads as follows:-
“GOVERNMENT OF TAMILNADU
Abstract
School Education – Award of second incentive increment to

Headmasters of Higher Secondary Schools with higher
qualification (M.Phil/PhD/PGDTE) – Orders issued
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G.O.Ms.No.285 Dated 28.11.2007
Read:
1. G.O.Ms.No.42 Education dated 10.01.1969.

2. G.O.Ms.No.747 Finance (PC) Dated 18.08.1986.
3. G.O.Ms.No.1170 Education Science and Technology
Department dated 20.12.1993.
4. G.O.Ms.No.194 School Education Department dated
10.10.2006
5. Letter of Director of School Education
No.105833/K2/2006 dated 23.11.2006.
Order:
On the basis of the G.O.first read above, it has been

ordered to allow two incentives to Teachers for acquiring higher
qualifications during the entire period of their service.
2. For Post Graduate Teachers and Headmasters of Higher

Secondary schools, in the G.O. second read above, one incentive
has been allowed for their higher qualification of M.Ed from
01.04.1986.
3. As per G.O. third read above, it was ordered that Post
Graduate Teachers may be granted one incentive (two
increments) if they possess higher qualifications such as
M.Phil/Ph.D/PGDTE as on 01.03.1993.
Later an amendment was issued to G.O.Ms.No.1170

Education Science and Technology Department dated
20.12.1993 deleting the stipulated date 01.03.1993 and
enabling all the Post Graduate Teachers to get the benefit, in the
G.O.fourth read above.
4. The State President of Tamil Nadu Higher Secondary School
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Headmasters' Association has made a representation that the

Tamil Nadu Government has ordered to grant to the Post
Graduate Teachers working in Higher Secondary Schools one
incentive for higher qualifications such as M.Phil/Ph.D/PGDTE
and the same benefit may also be extended to the Headmasters
of Higher Secondary Schools who had worked as Post Graduate
Teachers in Higher Secondary Schools in earlier period and
while all the categories of teachers are getting two incentives,
the Headmasters of Higher Secondary schools alone are getting
only one incentive and if such benefit is denied, a situation will
arise where teachers will be drawing Higher Basic pay than the
Headmasters.
5. The opinion of the Director of School Education was sought

regarding the demand of the Headmasters of Higher Secondary
Schools. The Director of School Education has recommended to
the Government that while serving as Post Graduate Teachers
only one incentive was granted for M.Ed qualification and after
being promoted to Headmaster post, a second incentive may be
allowed to those Headmasters who passed M.Phil/Ph.D/
PGDTE.
6. As per the policy decision of the Government, two incentives

(four increments) only may be granted to the teachers for the
entire period of their service and hence, accepting the above
recommendation of the Director of School Education, for the
Headmasters who got only one incentive for M.Ed qualification
during his service as Post Graduate Teachers and promoted to
the Headmaster post and after the promotion as Headmasters,
on acquiring M.Phil/Ph.D/PGDTE qualification allowing a
second incentive to such Headmasters from the date of the issue
of this G.O.is ordered.
7. This order is issued with the concurrence of Finance

Department vide its G.O.No.76645/Education 11/2007 dated
28.11.2007.
73/81
(By Order of the Governor)

Sd/- Secretary to Government”
12. A perusal of the above order puts the issue beyond pale of doubt
that as per the policy of the Government, a teacher for the entire period of
his/her service shall be granted two incentives (four increments) only.
Therefore, there cannot be any dispute regarding the fact that a Secondary
Grade Teacher or B.T.Assistant or Post Graduate Teacher during the entire
period of service as a teacher, is entitled to get only two incentive
increments. Taking note of the same only, the Division Bench in
W.A.No.1664 of 2016 dated 29.06.2018 (The Director of School Education
and others v. V.Dhanapal) has categorically held that the acquisition of an
M.Phil. qualification does not entitle a teacher for a third incentive
increment, in view of G.O.Ms.No.1024, Education, Science and Technology
Department, dated 09.12.1993 restricting the number of incentive
increments to two and therefore, any teacher is not entitled to a third
incentive increment. For better understanding, paragraphs 5 to 7 thereof are
extracted hereunder:-
74/81
“5. Mr.K.Karthikeyan, learned Government
Advocate would contend that in view of
G.O.Ms.No.1024 dated 09.12.1993, which restricts
the maximum number of incentive increments to two
and in view of the fact that the respondent had
already been granted two incentive increments,
which is equivalent to four advance increments, the
respondent will not be entitled to any further
incentive increment during the period of his service.
A copy of the said G.O. dated 09.12.1993 has been
produced before us, the relevant portion of the G.O.
reads as follows:
“The maximum number of advance increments

which a Teacher can get under the Scheme of
incentive increments under this Government Order
shall be four in his entire service”.
(one incentive increment is equivalent to two
advance increments). The said position was clarified
by the Government in G.O.Ms.285, School
75/81
Education Department dated 28.11.2007, which

reads as follows:
“As per the policy decision of the
Government, two incentives (four increments) only
may be granted to the teachers for the entire period
of their service and hence, accepting the above
recommendation of the Director of School
Education, for the Headmasters who got only one
incentive for M.Ed. qualification during his service
as Post Graduate Teachers and promoted to the
Headmaster Post and after the promotion as
Headmasters, on acquiring M.Phil/Ph.D/PGDTE
qualification allowing a second incentive to such
Headmasters from the date of the issue of this G.O.
is ordered.”
6. Of course, the respondent in his affidavit
filed in support of the Writ Petition has referred to
certain Government Orders as well as the Orders of
this Court granting a third set of incentive
increments to certain teachers. The said Government
Orders have also been produced before us by the
76/81
learned Government Advocate, those Government
orders have been passed in particular cases,
considering the peculiar circumstances of the case
and the fact that the higher qualification in those
cases are obtained, before 09.12.1993, i.e. the date
on which the first G.O. i.e. G.O.Ms.No.1023 was
passed restricting the number of incentive
increments to a maximum of two, during the service
of the teacher. Therefore, we do not think that those
Government Orders which have been passed taking
note of certain special circumstances could be taken
as precedents to enable the respondent to claim an
incentive increment, which he would not be entitled
to otherwise.
7. The policy decision of the Government has
been consistent to the effect that the teachers who
acquire higher qualifications can be granted two
incentive increments equivalent to four advance
77/81
increments, during the entire tenure of their service.
There is no dispute regarding the fact that the
respondent has been awarded two incentive
increments for acquiring B.Ed. and M.A.
qualifications. Therefore, he cannot, as a matter of
right, claim the third set of incentive increments for
having obtained M.Phil qualification. We are
therefore, unable to sustain the order of the learned
Single Judge directing payment of third incentive
increment to the respondent.”
13. In the light of the above, we are of the considered opinion that the
view taken by the Division Bench in W.A.No.1664 of 2016 dated
29.06.2018 (The Director of School Education and others v. V.Dhanapal)
that a teacher shall be granted only with two incentive increments, equivalent
to four advance increments, for the entire period of his/her service, holds
good and the view taken by the Division Bench in W.A.(MD) Nos.701 and
769 of 2015 etc., dated 15.07.2015 (The Director of School Education and
78/81
others v. S.Amalraj) and the view taken by another Division Bench in
W.A.(MD) No.867 of 2014 dated 18.09.2014 (The Director of School
Education and another v. N.Balasoundari and another) that a teacher is
entitled to the third set of incentive increment, cannot be said to be a good
law. We answer the reference accordingly.
Registry is directed to post the matters before the appropriate roster
Bench for disposal of the respective cases on merit.
Speaking/Non speaking order (T.R.,J.) (M.K.K.S.,J.) (M.G.R.,J.)

Index : yes/no 29.04.2022
ss
79/81
To
1. The Secretary to Government

Fort St George, Secretariat
Chennai 600 009
2. The Director of School Education

Chennai 600 006
80/81
T.RAJA, J.
K.KALYANASUNDARAM, J.
and
M.GOVINDARAJ, J.
ss
Judgment in
W.A.Nos.3674 of 2019 etc.batch
29.04.2022
81/81

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த நா ப க

இைண இய ந (ெதா க ) ெசய ைறக ,

ம தார ெபய , W.P. No. / பாைண W.A. Nos.

பத ம W.P.(MD) No. ெபற ப

பா ைவ-1 கா ம ற பாைண றாவ ஊ க ஊ ய உய

ேம 3வ ஊ க ஊ ய உய சா பாக வழ W.A. Nos. 3674/2019 தான

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE OF DECISION : 29.04.2022

THE HONOURABLE MR.JUSTICE T.RAJA

1 Government of Tamil Nadu

2 The Director of School Education

3 The Chief Educational Officer

1 The State of Tamil Nadu

2 Director of School Education

1 Director of School Education

2 Joint Director of School Education

3 District Educational Officer

1 Director of School Education

2 Chief Educational Officer

1 The Secretary to Government

2 The Director of Elementary Education

3 The District Elementary

4 The Additional Assistant

1 The State of Tamil Nadu

2 The Director of School Education

3 The Chief Educational Officer

1 The Secretary to Government

2 The Director of School Education

3 The Chief Educational Officer

Vidaiyur - 631 203. Tiruvallur District. Appellants in WA No.1548 of 2014

1 The Secretary to Government

2 The Director of School Education

3 The Chief Educational Officer

1 The Secretary to Government

2 The Director of School Education

3 The Chief Educational Officer

1 The Director of School Education

2 The Chief Educational Officer

1 The Secretary to Government

Fort St. George

2 The Director of School Education

3 The Chief Educational Officer

1 The Secretary to the Government

2 The Director of Elementary Education

3 The District Elementary

1 The Secretary to Government

2 The Director of School Education

3 The District Educational Officer

1 Director of School Education

2 District Educational Officer

1 The Director of School Education

2 The Joint Director of School Education

(Higher Secondary) College Road

3 The District Educational Officer

2 The Director of School Education

3 The District Educational Officer

1 The Secretary to the Government

2 The Director of School