WA/1505/2024 of THE GOVERNMENT OF TAMILNADU Vs M.Balasundaram on 22 September 2026

Judgment

(Judgment of the Court was delivered by S.M.Subramaniam J.) Under assail is the writ order dated 03.01.2023 passed in W.P.No.15712 of 2016.

2. The facts in brief are that the respondent is serving as B.T.Assistant in School Education Department. The requisite qualification for appointment to the post of B.T.Assistant is Degree with B.Ed. The respondent possessed the qualification of B.Sc., B.Ed and was appointed to the post of B.T.Assistant. In addition, he acquired the qualification of M.Phil. At the time of appointment of the respondent, M.Phil was not eligible for grant of incentive increment.

3. The Government introduced a policy to grant incentive increment for possessing the additional qualification of M.Phil Degree in G.O.(1D) No.18, School Education Department dated 18.01.2013. It is a policy decision by the Government to grant incentive increment to the teachers possessing the

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additional qualification of M.Phil Degree. However, the Government subsequently issued a letter in M.S.No.129, School Education Department dated 17.07.2017 clarifying that G.O.(1D) No.18 dated 18.01.2013 is to be implemented prospectively.

4. Learned counsel for the respondent would mainly contend that the Government letter cannot supersede the Government Order issued in G.O. (1D) No.18 dated 18.01.2013. A perusal of the Government Order would show that there is no mentioning about the retrospective implementation of the Government Order issued in G.O.(1D) No.18 dated 18.01.2013 for grant of one incentive increment to M.Phil Degree. In the absence of any specific order from the Government implementing the policy retrospectively, the said Government Order is to be implemented prospectively. Therefore, the subsequent letter is only clarificatory in nature and cannot be construed as superseding the Government policy for grant of incentive increment to M.Phil course issued in G.O.(1D) No.18 dated 18.01.2013. Thus, the said ground raised on behalf of the respondent deserves no merit consideration.

5. Incentive increment is a concession to the teaching staff. Concessions are not conditions of services. Concessions cannot be claimed as an absolute right. Therefore, such concessions relating to grant of

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incentive increments are to be extended strictly in accordance with the terms and conditions issued by the Government under the policy decision. The teachers acquiring additional qualifications are granted incentive with an object to encourage them to impart better education to the children studying in schools. Therefore, the concession of incentive increment was granted by the Government to encourage the teachers to acquire educational qualification for the benefit of students. That being so, the same cannot be claimed as vested right and to be implemented strictly in accordance with the terms stipulated under the Government Order.

6. All such Government Orders issued granting incentive increments are to be implemented from the date of passing of the order prospectively. If at all, the Government intended to extend the benefit with retrospective effect, the date of implementation must be specifically stated in the Government Order. In the absence of any such mentioning in the Government Orders, the Government Orders granting such financial benefits have to be implemented prospectively.

7. In view of the fact that the benefit of incentive increment for acquiring M.Phil course has already been sanctioned to the respondent with effect from the date of Government Order in G.O.(1D) No.18 dated 18.01.2013, the claim

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set out by the respondent to grant the incentive increment from the date of passing the M.Phil Course is untenable and not in consonance with the policy of the Government issued in G.O.(1D) No.18 dated 18.01.2013. Thus, the writ order impugned is not in consonance with the claim for grant of incentive increment for acquiring M.Phil qualification. Consequently, writ order impugned dated 03.01.2023 in W.P.No.15712 of 2016 is set aside and the writ appeal stands allowed. No costs. Connected miscellaneous petition is closed. However, excess incentive increment, if any, paid to the respondent already shall not be recovered from him at this length of time. (S.M.S.,J.) (K.G.R.,J.) 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST

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S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 1505 of 2024 AND CMP NO. 10633 OF 2024 22-09-2026