DIRECTOR OF SCHOOL EDUCATION Vs. S SHANMUGAM

JUDGEMENT

(1.) THIS writ appeal is directed at the instance of the Director of School Education and the District Educational Officer, Tiruvannamalai against the order in W.P.No.18702 of 1996 dated 29.9.2004.

(2.) THE factual matrix of the case is as follows:-

(3.) IT is true that by G.O.Ms.No.107, Education Department dated 20.1.76, Grade-I Tamil pandits possessing B.A., or B.O.L., Degree can be appointed only if they have passed B.T. As they possess B.T., there was no incentive increments admissible to such Tamil pandits for passing B.T., and therefore such Tamil pandits are only entitled for two incentive increments for passing M.A., and two more for passing M.Ed. Our attention was drawn to the order of the Tamil Nadu Administrative Tribunal made in a batch of Original Applications, namely, O.A.Nos.3193 of 1991 etc., and by order dated 4.2.94, the Tribunal, after following the orders passed in O.A.Nos.1417 to 1421 of 1993 dated 30.11.93, found that when two more advance increments are available for a Tamil pandit working in Secondary Grade post, why such a benefit should be denied to a Tamil pandit working in Grade-I after obtaining B.Litt., Degree. By holding so, the provisions for sanction of increments in item (2) of the G.O.Ms.42 dated 10.1.69 and in G.O.Ms.No.107 Education dated 20.1.76 were set aside. IT is the contention of the learned counsel for the first respondent that the order of the Tribunal in setting aside the G.O.Ms.No.107 Education dated 20.1.76 has not been questioned by the State and therefore it has become final. The learned counsel in fact submitted that the orders of the Tribunal were implemented in respect of number of Tamil pandits who are similarly placed like that of the first respondent and therefore it is not correct to question the order of the learned single Judge only in the case of the first respondent. In fact he produced an order of sanction made by the proceedings of the Headmaster of Kilpennathur Government Higher Secondary School, Tiruvannamalai dated 20.2.94 giving the benefit of the two more incentive increments in addition to the four increments already granted to the teacher.