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[ In the High Court of Madras, W.P.No. 2733 of 2010. ] 19/07/2013
Judge(s) : M. VENUGOPAL
Advocate(s) : No Appearance. R1 to R3, P.S. Shiva Shanmuga Sundaram, Additional Government Pleader.
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    Constitution of India ? Article 227 -     (Prayer: Writ Petition filed under Article 226 of the Constitution of India for a writ of Mandamus directing the 2nd and 3rd respondents to sanction the two incentive increments based on the order of this Hon'ble Court in W.P.No.6691 to 6669 of 2009 dated 10.08.2009 immediately to the Petitioner.)1. The Petitioner has filed the instant writ of Mandamus seeking a relief of issuance of an order by this Court in directing the 2nd and 3rd respondents to sanction the two incentive increments based on the order in G.O.Ms.No.42 dated 10.01.1969 as confirmed by this Court in W.P.No.6691 to 6669 of 2009 dated 10.08.2009.2. According to the Petitioner his qualification ( as on date of filing of Writ Petition) is M.Com. M.Phil. He has come to know that the Government of Tamil Nadu passed G.O.Ms.No.42 dated 10.01.1969 wherein the sanction of incentive increments was ordered to the teachers for encouraging and ensuring better standard of education to the students. As per the said G.O the incentive payments and awards should be given to the teachers in schools who acquired higher educational qualification. As such the said Government Order applies to all the teachers including the vocational instructors as they come under the category of special teachers.3. It is the specific case of the Petitioner that in terms of G.O.Ms.No.42 dated 10.01.1969 he acquired higher educational qualification of M.Com. M.Phil. in accordance with the order passed by this Court in Writ Petitions W.P.(MD) Nos.6691 to 6669 and 6701 of 2009 dated 10.08.2009 (S.Rajaram Vs. The Director of School Education Chennai – 6 and others) etc. batch cases the 3rd Respondent should have granted incentive increments to the Petitioner who had acquired higher educational qualification. The Petitioner made a representation to the 2nd and 3rd Respondents to sanction the incentive increment in accordance with the Government Order and also confirmed by this Court in the batch of the said writ petitions. However the 2nd and 3rd Respondents had not taken any steps on the representation so made.4. Added further it is the stand of the Petitioner that the similarly placed vocational instructors who are working in Perambalur District and who were sanctioned with the incentive increments based on the said G.O.Ms.No.42 dated 10.01.1969 and their withdrawal and recovery of the said incentive increment order was set aside by this Court by directing the authorities concerned to continue to pay the said incentive increment based on the Government Order. In effect the Petitioner prays for the said benefit based on the Government Order being extended to him also.5. The Learned Additional Government Pleader appearing for the Respondents fairly submits that the subject matter in issue is covered by the order passed by this Court dated 10.08.2009 in W.P.(MD).Nos . 6691 to 6699 and 6701 of 2009 wherein the writ petitions have been allowed by referring to the Order dated 18.12.2008 passed by this Court in similar cases in W.P.Nos.5787 of 2007 and batch of cases wherein one incentive increment was granted to those vocational instructors who acquired the Post Graduate Qualifications after their degree. Likewise a Division Bench of this Court in W.P.No.12261 of 2004 dated 26.06.2008 passed similar order in respect of Vocational Instructors who acquired post graduation after the initial appointment. In fact W.P.(MD)Nos.6691 to 6699 and 6701 of 2009 were allowed by this Court after following the order passed by this Court in W.P.Nos.5787 of 2007 and batch of cases dated 18.12.2008 and a Division Bench Order of this Court in W.P.No. 12261 of 2004 dated 26.06.2008.6. In view of the fact that the subject matter in issue is covered by an earlier orders of this Court as referred to in paragraph No.5 this Court following the same allows the present writ petition. The respondents are directed to grant two incentive increments to the Petitioner.7. With the aforesaid direction the Writ Petition is allowed. No costs.