Madras High Court
N.Sampath vs The State Of Tamil Nadu on 9 February, 2021
W.P.No.2754 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.2754 of 2021
N.Sampath ... Petitioner
-vs-
1. The State of Tamil Nadu,
Through its Secretary,
Department of School Education,
Fort St. George, Chennai – 9.
2. The Director of School Education,
D.P.I.Campus,
College Road, Chennai.
3. The Director of Personnel,
D.P.I.Campus,
College Road, Chennai.
4. The Joint Director of School Education,
(Vocational), College Road, Chennai – 6.
5. The Accountant General
(Accounts and Establishments),
Chennai – 625 018.
1/9
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W.P.No.2754 of 2021
6. The Chief Education Officer,
Salem District.
7. The Headmaster,
Government Higher Secondary School,
Mettur dam, Salem District. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the
respondents to consider the representation of the petitioner dated
16.12.2020 in the light of the full bench judgment made in W.A.Nos.158,
etc, batch, (Government of Tamil Nadu and others Vs. R.Kaliyamoorthy
dated 03.12.2019, reported in (2019) 6 CTC 705, and re-fix the
petitioner's pension by including 50% of service rendered by the
petitioner as Double Part Time Vocational Teacher from 09.07.1979 to
04.10.1996 within the time period stipulated by this Court.
For Petitioner : Mr.S.Kousik
For R1 to R4 & : Mr.P.Raja,
R6 and R7 Government Advocate
For R5 : Mr.V.Vijayshankar
ORDER
The petitioner seeks a direction to the respondents to consider the
representation of the petitioner dated 16.12.2020 in the light of the full
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W.P.No.2754 of 2021
bench judgment made in W.A.Nos.158, etc, batch, (Government of Tamil
Nadu and others Vs. R.Kaliyamoorthy dated 03.12.2019, reported in
(2019) 6 CTC 705, and re-fix the petitioner's pension by including 50%
of service rendered by the petitioner as Double Part Time Vocational
Teacher from 09.07.1979 to 04.10.1996 within the time period stipulated
by this Court.
2. By consent, this writ petition is taken up for final disposal at the
admission stage. Mr.P.Raja, learned Government Advocate takes notice
for R1 to R4 and R6 and R7 and Mr.V.Vijayshankar, learned Standing
Counsel takes notice for R5.
3. It is the case of the petitioner that he has joined service as
Double Part Time Vocational Teacher in Government Higher Secondary
School, Mettur as early as on 09.07.1979. His appointment was
approved by the Chief Educational Officer by proceedings dated
22.09.1979 and his service was regularized in a time scale of pay with
effect from 05.10.1996. On 05.10.1996, the petitioner was given
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W.P.No.2754 of 2021
Selection grand of pay. The grievance of the petitioner is that his 50% of
service as Part Time Vocational Teacher for the period between
09.07.1979 to 04.10.1996 has not been taken into account while
calculating the pensionable service.
4. The learned counsel relied upon the decision of the Full Bench
of this Court in a batch of writ appeals and writ petitions i.e., in
W.A.No.158 of 2016 etc batch, dated 03.12.2019 wherein this Court held
that if the service of an employee has been regularized before 01.04.2003
only, his half of past service will be counted for the purpose of
determination of qualifying service for pension. The relevant paragraph
is extracted hereunder:
“45. In the light of the above, we answer the reference
as follows:-
i) Those who are freshly appointed on or after 01.04.2003 are
not entitled to pension in view of proviso to Rule 2 of Tamil
Nadu Pension Rules, 1978 inserted by G.O. Ms. No. 259
dated 06.08.2003
(ii) Those government servants/employees appointed prior to
01.04.2003 whether on temporary or permanent basis in
terms of Rule 10 (a) (i) of Tamil Nadu State and Subordinate
Service Rules will be entitled to get pension as per the Tamil
Nadu Pension Rules,1978.
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W.P.No.2754 of 2021
(iii) In case, a government employee/servant had also
rendered service in non-provincialised service, or on
consolidated pay or on honorarium or daily wage basis and if
such services were regularised before 01.04.2003, half of
such service rendered shall be counted for the purpose of
conferment of pensionary benefits.
(iv) Those government servants who were appointed in the
aforesaid four categories before the cut off date and later
appointed under Rule 10 (a) (i) of Tamil Nadu State and
Subordinate Service Rules before 01.04.2003 and absorbed
into regular service after 01.04.2003 will not be entitled to
count half of their past service for the purpose of
determination of qualifying service for pension.
(v) Those government servants who were appointed in the
aforesaid four categories before 01.04.2003 but were
absorbed in regular service after 01.04.2003 will not be
entitled to count half of their past service for the purpose of
determination of qualifying service for pension."
5. Admittedly, in this case, the service of the petitioner has been
regularized in the year 1996 itself. Hence, he approached the
respondents to extend the said benefit to this petitioner by way of
representation, dated 16.12.2020. Since there is no response on the side
of the respondents, the petitioner has preferred the writ petition with the
above said prayer.
6. In view of the limited prayer sought for by the petitioner, this
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W.P.No.2754 of 2021
Court is inclined to direct the respondents to consider the representation
of the petitioner dated 16.12.2020 in the light of the Full Bench
Judgment made in W.A.Nos.158, etc batch dated 03.12.2019, if the
petitioner is found to be eligible and when his case comes under the
purview of the said Judgment of the Full Bench of this Court and pass
appropriate orders in accordance with law, as early as possible,
preferably within a period of three months from the date of receipt of a
copy of this order.
7. The petitioner shall furnish his phone number, email ID, if any,
etc., along with a copy of the representation dated 16.12.2020 and this
order, to the respondents forthwith. The respondents are directed to
communicate the decision taken on the representation, to the petitioner
within a period of three weeks from the date of decision taken thereon,
by way of SMS/Email/registered post/speed post, so that there is no need
for the parties to file contempt after expiry of the specified period. In
case the authorities concerned fail to send communication to the parties,
they will have to face the civil imprisonment in case of contempt
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W.P.No.2754 of 2021
proceedings and, if they are unable to serve the order and the cover being
returned un-served for one reason or the other, the same shall be kept in
the file without opening it for the proof of attempt of delivery, so that the
parties, at a later point of time, will not take a plea that he is not aware of
the order.
8. With the above direction, this writ petition is disposed of. No
costs.
09.02.2021
Index: Yes / No
Speaking/Non speaking order
vum
To:
1. The Director of Medical and Rural Health Service,
Directorate, Anna Salai,
Teynampet, Chennai.
2. The Deputy Director of Medical and
Rural Health Service and family Welfare,
District Family Welfare Bureau,
Taluk Office, Vellore.
3. The District Level Empowered Committee
Headed by
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W.P.No.2754 of 2021
The District Collector,
Vellore District.
4. The District Collector,
Tirupattur District.
5. The Treasury Officer,
Sub – Treasury,
Tirupattur.
6. The District Education Officer,
Tirupattur – 635 601.
7. The Branch Manager,
United India Insurance Co.Limited,
Regional Office – Silingi Buildings,
134, Greams Road, Chennai -600 006.
8. The Branch Manager,
MD India Health Insurance TPA Private Limited,
Guna Complex,
Anna Salai, Teynampet,
Chennai – 600 018.
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W.P.No.2754 of 2021
S.VAIDYANATHAN.J.,
vum
W.P.No.2754 of 2021
09.02.2021
https://www.mhc.tn.gov.in/judis/
