WA/745/2024 of THE STATE OF TAMIL NADU Vs M. ANGELIN on 15 September 2026

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) Writ order dated 05.09.2023 passed in W.P.No.11503 of 2021 is under challenge at the behest of the State.

2. Learned Additional Government Pleader would mainly contend that Department declined the benefit of incentive increment for acquiring the qualification of B.Ed by 1st respondent on the ground that she had not obtained prior permission to study B.Ed course as stipulated under the Government order in G.O.Ms.No.1341, Public (Services-A) Department, dated 27.08.1963. However, the Writ Court without taking note of the said Government order allowed the writ petition.

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3. 1st Respondent is holding the post of Secondary Grade Teacher in CSI Primary School, Droog, Nonsuch post, Coonoor Range-I, Nilgiris. She passed B.Ed course and submitted an application seeking one incentive increment for the said qualification. The District Educational Officer rejected the application on the ground that respondent had not obtained prior permission to study B.Ed course in terms of G.O.Ms.No.1341, dated 27.08.1963. Perusal of the said Government order would show that for acquiring additional qualification, Government employee should obtain prior permission of the Head of the Department.

4. In the present case, perusal of the order impugned dated 04.01.2021 would show that 1st respondent submitted an application seeking prior permission to study B.Ed course. The said application was entertained and the Block Development Officer, Coonoor had endorsed the application in his proceedings, dated 06.02.2018. However, there is no entry in her service record that prior permission was granted. It is a mistake committed by the Authority of the Education Department.

5. Perusal of the impugned order would show that 1st respondent submitted her application, which was endorsed by the Block Development Officer and he has forwarded the same to the competent authority. However, there is a failure on the part of the Department in

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making necessary entry in her service records, which resulted in denial of incentive increment to the 1st respondent. Thus, this Court does not find any infirmity in respect of the writ order impugned, wherein the relief of incentive increment has been granted. However, the Government has already cancelled the incentive increment scheme and introduced of granting of lump-sum amount for acquiring additional educational qualification to the State Government employees. In this regard, G.O.Ms.No.95, Human Resources Management (FR-IV) Department, dated 26.10.2023 has been issued. Therefore, the incentive increment due to the 1st respondent is to be settled in accordance with the terms and conditions stipulated in G.O.Ms.No.95, dated 26.10.2023.

6. In view of the above position, the writ order impugned dated 05.09.2023 in W.P.No.11503 of 2021 is modified to the extent of granting incentive increment to the 1st respondent in tune with G.O.Ms.No.95, Human Resources Management (FR-IV) Department, dated 26.10.2023. Appellant is directed to settle the amount to the 1st respondent within a period of 12 weeks from the date of receipt of a copy of this order.

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7. With the above directions, the writ appeal is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.G.R.,J.) 15-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To

1. The Correspondent CSI Primary School, Droog Nonsuch Post, Coonoor Range-1, Coonoor - 102.

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S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WA No. 745 of 2024 15-09-2026