WA/2481/2023 of PRINCIPAL SECRETARY Vs S.HEPZI BAI on 25 August 2026

J U D G M E N T

(Judgment of the Court was made by S.M.Subramaniam, J.) Incentive increments are granted to the Teachers to encourage them to acquire higher educational qualifications for imparting better education to the students studying in schools. The very object of granting incentive increments is to encourage the Teachers to acquire higher qualifications. Therefore, it is a Scheme and a concession granted by the Government. Incentive increment is not a part of service conditions. Concessional schemes are to be granted directly as per the terms and conditions stipulated. As per the scheme of incentive increments, a Teacher is eligible for two incentive increments in his / her entire service.

W.A.NO.2481 OF 2023

2. In the present case, the claim of the respondent is for grant of third incentive increment which is not contemplated under the policy. Subsequently, the policy of incentive increment was abolished and in lieu, a lump sum amount has been granted. The issues relating to incentive increments are no more res integra as the Full Bench of this Court in the case of Government of Tamil Nadu and Others Vs. R.Subramani and Others, in a batch of cases in W.A.Nos.3674 of 2019 etc., on 29.04.2022 observed as follows: “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 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

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of incentive increment, cannot be said to be a good law. We answer the reference accordingly.”

3. Therefore, the respondent is not entitled for third incentive increment and thus, the writ order impugned is running counter to the principles laid down by the Full Bench of this Court. Consequently, the writ order impugned dated 21.06.2023 passed in W.P.No.23516 of 2022 is set aside and the writ appeal is allowed. No costs. Consequently, connected civil miscellaneous petition is closed.

[S.M.S., J.] [K.G.R., J.]

25.08.2026 Index : Yes Speaking Order : Yes Neutral Citation : Yes / No TK

W.A.NO.2481 OF 2023

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. TK

W.A.NO.2481 OF 2023 25.08.2026