The State Of Tamil Nadu vs S.Madhu
2022 Latest Caselaw 15635 Mad

                                                           1

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 21.09.2022

                                                        Coram

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

                                                W.A.No.2163 of 2022
                                             and C.M.P.No.16124 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.                             ..Appellants

                                                           Vs

                     1.S.Madhu

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




https://www.mhc.tn.gov.in/judis
                                                                 2

                                  Appeal preferred under Clause XV of Letters Patent against the

                     order dated 09.09.2021 made in W.P.No.19083 of 2021.


                                        For Appellants      ..    Mr.Abishek Moorthy,
                                                                  Govt. Advocate


                                                            JUDGMENT

(Delivered by D.BHARATHA CHAKRAVARTHY, J.)

This writ appeal is directed against the order of the learned

single Judge dated 09.09.2021 in W.P.No.19083 of 2021 in and by

which the learned single Judge had allowed the prayer of the writ

petitioner to include 50% of the service rendered by the writ petitioner

as Double Part Time Vocational Teacher from 01.07.1987 to

15.10.1992 for the purpose of the pension and pensionary benefits.

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

issue was referred to 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

Bench answered the issue in favour of the writ petitioners and the

learned single Judge had only followed the dictum of the Full Bench

and as a matter of fact, granted the relief.

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

3. Mr.Abishek Moorthy, learned Government Advocate

appearing on behalf of the appellants would vehemently contest that

the Full Bench decision is not applicable to the instant case.

4. On a perusal of the judgment of the Full Bench referred to

above, it is clear that the issue is very much covered by the Full Bench

judgment and the other submission that there is a delay on the part of

the writ petitioner in approaching the Court is also without any merits

as the prayer is with reference to the grant of pension and pensionary

benefits.

5. We do not see any infirmity in the order of learned single

Judge. Therefore, finding no merits, this writ appeal is dismissed. No

costs. Consequently, connected miscellaneous petition is closed.

(P.U.J.,) (D.B.C.J.,) 21.09.2022 Index:Yes/No mmi/14

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

PARESH UPADHYAY, J.

and D.BHARATHA CHAKRAVARTHY, J.

mmi

W.A.No.2163 of 2022

21.09.2022

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