Madras High Court
T.Amuthalekshmi vs The State Of Tamilnadu on 9 March, 2022
W.P.(MD) No.1953 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.1953 of 2019
1.T.Amuthalekshmi
2.R.Chandra Bose
3.B.Dhanapal
4.P.Francis Xavier
5.A.Hilda Mary
6.S.Joseph
7.V.Ponnammal
8.J.Selin Mary ... Petitioners
-vs-
1.The State of Tamilnadu,
Rep., by the Principal Secretary to Government,
School Education Department,
Fort St. George, Chenani-600 009.
2.The Director of School Education,
DPI Complex, College Road,
Chennai-600 006.
3.The Joint Director of School Education (Vocational),
O/o.The Director of School Education,
DPI Complex, College Road, Chennai-600 006.
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W.P.(MD) No.1953 of 2019
4.The Chief Educational Officer,
O/o.The Chief Educational Officer,
Kanyakumari District, Kanyakumari. ... Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying
for issuance of Writ of Certiorarified Mandamus to call for the records in
pursuant to the impugned order passed by the 1st Respondent in G.O.
(Ms).No.194 School Education (Pa Ka 7-1) Department dated 12.09.2018
and quash the cut of date fixed in Para-5 of the above Government Order
and consequently Direct the Respondents to calculate the 50% of service
rendered by the Petitioners as Part-time Vocational Instructor drawing
consolidated pay along with regular service for arriving net qualifying
service for calculation of pension and to grant all monetary and other
attendant benefits and arrears within a stipulated time may be fixed by this
Court.
For Petitioner : Mr.M.Saravanakumar
For Respondents : Mr.G.V.Vairam Santhosh,
Additional Government Pleader
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W.P.(MD) No.1953 of 2019
ORDER
The order impugned, dated 12.09.2018, passed by the 1st
respondent is under challenge in the present writ petition.
2.The grievance of the writ petitioners is that their entitlement to
reckon 50% of the temporary services for calculating the pension has not
been considered.
3.The issue regarding Rule 11(4) of the Tamil Nadu Pension Rules
for counting of 50% of the temporary services is no more res integra. In
this regard, the Hon'ble Full Bench of this Court delivered a judgment in
Government of Tamil Nadu and Others vs. R.Kaliyamoorthy [2019 (6)
CTC 705]. Thus, this Court is of the opinion that the eligibility of the
employees is to be considered in accordance with the judgment of the
Hon'ble Full Bench cited supra.
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W.P.(MD) No.1953 of 2019
4.Whether the petitioners are eligible for counting of 50% of the
temporary services for reckoning the period of qualifying service is to be
verified with reference to their service records. No doubt, certain conditions
are to be fulfilled for the purpose of grant of 50% of the service benefits in
accordance with the judgment of the Hon'ble Full Bench. Thus, the
respondents are bound to consider the case of the writ petitioners and they
are directed to consider the case of the writ petitioners in the light of the
Judgment of the Hon'ble Full Bench of this Court cited supra and
accordingly, take a decision by verifying the service records of the writ
petitioner and pass appropriate orders as expeditiously as possible.
5.With the above direction, this Writ Petition is disposed of. No
costs.
09.03.2022
Index:Yes
Speaking Order
abr
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.1953 of 2019
To
1.The Principal Secretary to Government,
The State of Tamil Nadu,
School Education Department,
Fort St. George, Chenani-600 009.
2.The Director of School Education,
DPI Complex, College Road,
Chennai-600 006.
3.The Joint Director of School Education (Vocational),
O/o.The Director of School Education,
DPI Complex, College Road, Chennai-600 006.
4.The Chief Educational Officer,
O/o.The Chief Educational Officer,
Kanyakumari District, Kanyakumari.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.1953 of 2019
S.M.SUBRAMANIAM, J.
abr
W.P.(MD) No.1953 of 2019
09.03.2022
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