The State Of Tamil Nadu vs A.Manoharan
2022 Latest Caselaw 16118 Mad

                                                           1

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 11.10.2022

                                                        Coram

                                       The Hon'ble Mr. Justice PARESH UPADHYAY
                                                             and
                                  The Hon'ble Mr. Justice D.BHARATHA CHAKRAVARTHY

                                                W.A.No.2262 of 2022
                                             and C.M.P.No.17227 of 2022


                     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.

                     4.The Chief Educational Officer,
                       Salem District.

                     5.The District Educational Officer,
                       Edapadi, Salem District.

                     6.The Correspondent and Headmaster,
                       Nirmala Higher Secondary School,
                       Kolathur, Salem District.                            ..Appellants

                                                           Vs

                     1.A.Manoharan




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                                                                2

                     2.The Accountant General,
                       (Accounts and Establishments),
                       361, Anna Salai,
                       Teynampet, Chennai – 18.                                         ..Respondents


                                  Appeal preferred under Clause XV of Letters Patent against the

                     order dated 22.12.2021 made in W.P.No.13407 of 2021.


                                        For Appellants     ..    Mr.R.Neethi Perumal,
                                                                 Govt. Advocate

                                        For Respondents ..       Mr.K.Sathish Kumar for R1


                                                           JUDGMENT

(Delivered by D.BHARATHA CHAKRAVARTHY, J.)

This writ appeal is directed against the order of the learned

single Judge dated 22.12.2021 made in W.P.No.13407 of 2021 in and

by which the prayer of the first respondent/writ petitioner to consider

50% of his part time/temporary service for the purposes of pension

was allowed by the learned single Judge.

2. On a perusal of the judgment, it would be clear that the

very issue was referred to the Full Bench of this Court in the matter of

Government of Tamil Nadu Vs. R.Kaliyamoorthy and others

(W.A.No.158 of 2016 etc., batch dated 03.12.2019) in which the Full

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Bench answered the issue in favour of the writ petitioners. As a matter

of fact, the similar writ appeal preferred by the appellants herein in

identical issue in W.A.No.2163 of 2022 has already been rejected by

us by judgment dated 21.09.2022. On a query, learned Government

Advocate cannot have any answer distinguishing the said judgment to

the facts of the case.

3. In that view of the matter, this writ appeal is without any

merits and as such it is dismissed. No costs. Consequently, connected

miscellaneous petition is closed.

(P.U.J.,) (D.B.C.J.,) 11.10.2022 Index:Yes/No mmi/3

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PARESH UPADHYAY, J.

and D.BHARATHA CHAKRAVARTHY, J.

mmi

W.A.No.2262 of 2022

11.10.2022

https://www.mhc.tn.gov.in/judis