Madras High Court
A.Manoharan vs The State Of Tamil Nadu on 10 February, 2021
W.P.No.2908 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.02.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.2908 of 2021
A.Manoharan ... 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 Joint Director of School Education (Vocational),
College Road, Chennai 6.
4. The Chief Education Officer,
Salem District.
5. The District Educational Officer,
Edapadi, Salem District.
6. The Correspondent and Headmaster,
Nirmala Higher Secondary School,
Kolathur, Salem District. ... Respondents
1/7
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W.P.No.2908 of 2021
Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a writ of Mandamus, directing the Respondents to consider
the representation of the Petitioner dated 17.12.2020 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
11.07.1986 to 15.10.1992, within the time stipulated.
For Petitioner : Mr.S.Kousik
For Respondents : Mr.P.Raja,
Government Advocate
ORDER
Petitioner has come up with this Writ Petition seeking a direction to
the Respondents to consider his representation, dated 17.12.2020 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 his pension by including 50% of
the service rendered by him as Double Part Time Vocational Teacher from
11.07.1986 to 15.10.1992.
2. Admittedly, in the case on hand, the service of the Petitioner has
been regularized in the year 1992 itself. Hence, the Petitioner made a
representation to the Respondents on 17.12.2020 and requested them to
include 50% of his service as Part-time Vocational Teacher for the purpose of
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W.P.No.2908 of 2021
calculating the pension benefits from 11.07.1986 to 15.10.1992 and to
disburse the same. Since there is no response on the side of the Respondents,
the Petitioner has come up with the above Writ Petition.
3. Learned counsel for the Petitioner relied upon a Full Bench
decision 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. For better appreciation, relevant portion of
the said judgment 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.2908 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."
4. Heard the learned counsel on either side and perused the
material documents available on record.
5. In view of the limited relief sought for by the Petitioner, this
Court directs the official Respondents to consider the Petitioner's
representation, dated 17.12.2020 in the light of the Full Bench Judgment of
this Court rendered in W.A.Nos.158, etc batch dated 03.12.2019, if the
Petitioner is found to be eligible and if his case comes under the purview of
the said Judgment of the Full Bench of this Court, and pass appropriate
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W.P.No.2908 of 2021
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.
6. The Petitioner shall furnish his phone number, Email ID, if any,
etc., along with a copy of the representation dated 17.12.2020 and a copy of
this order to the Respondents. 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 a Contempt Petition after expiry of the specified period. In
case, Authorities concerned fail to send communication to the parties, they
will have to face civil imprisonment in case of contempt proceedings and, if
they are unable to serve the order and the cover being returned unserved for
one reason or the other, the same shall be kept in the file without opening it
for the sake of proof of delivery, so that the parties, at a later point of time,
will not take a plea that, they are not aware of the order of this Court.
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W.P.No.2908 of 2021
With the above direction, the Writ Petition stands disposed of. No
costs.
10.02.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
To:
1. The Secretary,
State of Tamil Nadu,
Department of School Education,
Fort St. George, Chennai – 9.
2. The Director of School Education,
D.P.I. Campus, College Road,
Chennai.
3. The Joint Director of School Education (Vocational),
College Road, Chennai 6.
4. The Chief Education Officer,
Salem District.
5. The District Educational Officer,
Edapadi, Salem District.
S.VAIDYANATHAN,J.
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W.P.No.2908 of 2021
(aeb)
W.P.No.2908 of 2021
10.02.2021
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