Madras High Court
K.Sakthivelu vs The State Of Tamil Nadu on 24 August, 2023
W.P.Nos.13452 & 13456 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :24.08.2023
CORAM
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
W.P.Nos.13452 & 13456 of 2020
W.P.No.13452 of 2020
K.Sakthivelu ... Petitioner in W.P.No.13452 of 2020
Vs.
1. The State of Tamil Nadu,
Rep. By its Principal Secretary to Government,
School Education Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2. The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
3. The Director of Elementary Education,
DPI Campus, College Road,
Chennai – 600 006.
4. The Chief Educational Officer,
Chengalpattu District,
Chengalpattu.
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W.P.Nos.13452 & 13456 of 2020
5. The District Educational Officer,
Chengalpattu Educational District,
St.Thomas Mount,
Chrompet,
Chennai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
praying for issuance of Writ of Mandamus directing the respondents to
pass orders for counting 50% of service rendered by the petitioner as Part
Time Vocational Instructor from 14.07.1986 to 12.09.1995 and to revise
the retirement benefits including regular pension payable to the petitioner
from the date of retirement on 31.05.2017 with all consequential and
other attendant benefits as per G.O.M.s.No.194 School Education
Department dated 12.09.2018, by considering the representation
submitted by the petitioner dated 09.01.2020.
For Petitioner : Mr.S.Nedunchezhiyan
For Respondents : M/s.C.Meera Arumugam, AGP
W.P.No.13456 of 2020
S.Pushpam ... Petitioner
1. The State of Tamil Nadu,
Rep. By its Principal Secretary to Government,
School Education Department,
Secretariat, Fort St.George,
Chennai – 600 009.
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2. The Director of Elementary Education,
DPI Campus, College Road,
Chennai – 600 006.
3. The Chief Educational Officer,
Pudukkottai District,
Pudukottai.
4. The District Educational Officer,
Pudukkottai Educational District,
Pudukkottai.
5. The Block Educational Officer,
Thirumayam Block,
Pudukkottai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
praying for issuance of Writ of Mandamus directing the respondents to
pass orders for counting 50% of service rendered by the petitioner as Part
Time Vocational Instructor from 17.01.1986 to 15.09.1995 and to revise
the retirement benefits including regular pension payable to the petitioner
from the date of retirement on 31.05.2018 with all consequential and
other attendant benefits as per G.O.M.s.No.194 School Education
Department dated 12.09.2018, by considering the representation
submitted by the petitioner dated 09.01.2020.
For Petitioner : Mr.S.Nedunchezhiyan
For Respondents : M/s.C.Meera Arumugam, AGP
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W.P.Nos.13452 & 13456 of 2020
COMMON ORDER
The writ petitions have been filed for issuance of writ of
mandamus, to direct the respondents to pass orders for counting 50% of
service rendered by the petitioners as Part Time Vocational Instructor
and to revise the retirement benefits including regular pension payable to
the petitioners from the date of retirement with all consequential and
other attendant benefits as per G.O.M.s.No.194 School Education
Department dated 12.09.2018, by considering the representation of the
petitioners dated 09.01.2020.
2. The petitioner in W.P.No.13452 of 2020 was initially
appointed as Part Time Vocational Instructor in Panchayat Union Middle
School, Vathanakkottai, Kunrandarkovil Block Pudukkottai District on
14.07.1986. He has completed short term Secondary Teacher Training
as per G.O.Ms.No.224 dated 24.03.1994 and he was posted as Full Time
Vocational Instructor with effect from 12.09.1995 as per G.O.Ms.No.752
dated 18.10.1996.
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W.P.Nos.13452 & 13456 of 2020
3. The petitioner in W.P.No.13456 of 2020 was initially
appointed as Part Time Vocational Instructor in Panchayat Union Middle
School, Kolathupatti, Thirumayam Block, Pudukkottai District on
17.01.1986. He has completed Short Term Secondary Teacher Training
as per G.O.Ms.No.224 dated 24.03.1994 and posted as Full Time
Vocational Instructor with effect from 15.09.1995 as per G.O.Ms.No.752
dated 18.10.1996.
4. Learned Counsel for the petitioners submitted that the
Government has passed orders for bringing the Part Time Vocational
Instructors into Full Time Vocational Instructor with regularization of
service after completion of Short Term Secondary Teacher Training. On
that basis, the petitioner in W.P.No.13452 of 2020 and the petitioner in
W.P.No.13456 of 2020 were posted as Full Time Vocational Instructor
with effect from 12.09.1995 and 15.09.1995 respectively and their
services have been regularized.
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W.P.Nos.13452 & 13456 of 2020
5. Subsequently, the petitioner in W.P.Nos13452 of 2020 was
working as Full Time Craft Teacher in Elementary Education, he was
transferred to School Education on exercising option and posted as
Vocational Instructor in Government Higher Secondary School,
Thiruchendurai on 06.07.2001 and at the time of retirement, he was
working as Vocational Instructor in Government Higher Secondary
School, Pallikaranai, Kancheepuram District on reaching the age of
superannuation on 31.05.2017.
6. The Tamil Nadu Secondary Grade Trained Technical
Teachers Association filed Writ Petition before this Court on behalf of
the similarly posted persons to count 50% of service rendered as Part
Time Vocational Instructor for pensionable service and the same was
allowed as per the order of this Court dated 31.07.2015, following
several number of orders were passed by this Court in this regard.
Subsequently Writ Appeal was filed by the State Government in
W.A.No.1396 of 2017 wherein, it was ordered that the Writ Petition by
an Association is not maintainable with further orders by stating that in
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W.P.Nos.13452 & 13456 of 2020
case of any employees are aggrieved, they should approach this Court
after taking the matter to the Government. The petitioners have reached
the age of superannuation on 31.05.2017 and 31.05.2018 respectively. In
this regard, they submitted their representation on 09.01.2020 seeking to
count the period of service rendered by them as Part Time Vocational
Instructor as pensionable service. In this regard, the Government has
also issued orders in G.O.Ms.No.194 School Education Department
dated 12.09.2018, to count 50% period of service rendered as Part Time
Vocational Instructor as pensionable service for payment of retirement
benefits and regular pension.
7. He further submitted that this Court passed orders in batch
of Writ Petitions to count 50% of service rendered as Part Time
Vocational Instructor as pensionable service and the same were upheld
by Division Bench of this Court.
8. The learned counsel for the petitioners relied on the
judgment passed by this Court in W.P.No.20499 of 2021 dated
24.09.2021.
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W.P.Nos.13452 & 13456 of 2020
9. The learned Government Pleader appearing for the fourth
respondent in W.P.No.13456 of 2020 submitted that the representation of
the petitioner dated 09.01.2020 seeking to count the period of service
rendered by her as part time vocational instructor from 17.01.1986 to
14.09.1995 as pensionable service is not accepted. Since the petitioner in
W.P.Nos13456 of 2020 was appointed as part-time pre-vocational
instructor and not a part-time vocational instructor under High Secondary
Vocational Course. The two posts are entirely different from one another.
The vocational instructor post borne on Higher Secondary Courses
handling in Higher Secondary Schools are centrally sponsored. But the
petitioner in W.P.No.1345 of 2020 was working as part time pre-
vocational Instructor under Elementary Education. The Government has
issued G.O.Ms.No.194, School Education, Department dated 12.09.2018
wherein, it has been specifically stated that the vocational instructors
who have been working before 01.04.2003 have been brought into
regular service in the regular time scale of pay and who have filed the
writ petitioners before this Court and also Madurai Bench of Madras
High Court and got specific orders that they are entitled to get 50% of
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W.P.Nos.13452 & 13456 of 2020
calculating services to pension as per the abovesaid G.O. This petitioner
has not filed any writ petition in this regard on the date of 06.04.2018.
10. The learned Government Pleader appearing for the fifth
respondent in W.P.Nos13452 of 2020 has submitted that the
Government in G.O.Ms.No.194, School Education dated 12.09.2018,
has specifically ordered that the vocational instructors who worked in
Government and Government aided Higher Secondary Schools and who
were brought into regular establishment prior to 01.04.2003 and who got
court orders in the High Court of Madras and Madurai and those who
have filed Writ Petitions upto 06.04.2018 alone shall be entitled for
counting of their 50% of the part time teacher service for the purpose of
pension.
11. Heard the learned counsel appearing for the petitioners
and the learned Government Pleader appearing for the respondents and
perused the materials available on record.
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W.P.Nos.13452 & 13456 of 2020
12. The learned counsel for the petitioners relied on the order
passed by this Court in W.P.No.20499 of 2021 dated 24.09.2021 and the
relevant portion is extracted hereunder:
11. After considering the various decisions
of this Court rendered earlier including that of the
decision of the Hon'ble Division Bench of this Court,
this Court ultimately held as follows:-
“15. In terms of the above discussions, we
dispose of the writ appeals as under:
(i) 50% of the services rendered by the
respondents herein, as Part Time Vocational
Instructor (either as Single Part time or Double Part
Time Vocational Instructor), shall be counted for the
purpose of computing pension and other retiral
benefits.
(ii) The above said benefit shall be extended
only to the respondents in these writ appeals and for
the persons similarly situated like that of the
respondents herein, whose cases are pending before
this Court. Thus it is made clear that the above said
benefit shall not be extended to any other future cases
that may be filed on this account, on the ground of
delay and latches, since all along they have not come
up before this Court and remained as fence-sitters. It
is also needless to point out that allowing such cases
would amount to opening the pandora's box, touching
upon the financial implications of the State.”
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W.P.Nos.13452 & 13456 of 2020
The order of the Hon'ble Division Bench of this Court
dated 06.04.2018 was implemented by the
Government in G.O.Ms.No.194, School Education
(SE7-1) Department dated 12.09.2018.
14. Incidentally, in a similar batch of case,
the Hon'ble Division Bench of this Court in
W.A(MD).No.656 of 2020 dated 25.08.2020 has
upheld the contentions of the persons who have retired
after the order was passed by the Hon'ble Division
Bench of this Court referred to supra. The relevant
paragraphs from the aforesaid order reads as under:-
“8. In the considered opinion of this Court,
the case of the first respondent herein/writ petitioner
is similar to that of the respondents in the above writ
appeals and though it was open to the
appellants/official respondents 1 to 4 to confer the
similar benefit without asking them to approach the
Court, they were asked to get individual orders, may
be on account of financial liability. The factual
aspects pertaining to service condition of the first
respondent/writ petitioner are not under dispute. The
issue relating to delay and laches depends upon the
facts and circumstances of the case and there cannot
be any straight jacket formula while considering the
said issue and in the case on hand, the same cannot
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be put against the first respondent/writ petitioner in
the light of the settled position of law that persons
similarly placed have to be conferred with the same
benefits without driving them to the Court.
9. In the light of the legal position being
settled as to the entitlement of the first
respondent/writ petitioner, this Court is of the
considered view that in terms of the above cited two
judgments of the Division Bench of this Court, this
writ appeal deserves dismissal.
10. In the result, this writ appeal is
dismissed, confirming the order, dated 02.08.2018,
passed in W.P(MD)No.17306 of 2018 and the
appellants/official respondents are directed to settle
the retiral/terminal/consequential benefits to the first
respondent/writ petitioner within a period of ten
weeks from the date of receipt of a copy of this order.
However, it is made clear that the first
respondent/writ petitioner is not entitled to any
interest as to the settlement/belated settlement of the
retiral/terminal/consequential benefits. No costs.
Consequently, the connected civil miscellaneous
petition is also dismissed.”
15. In view of the above, this Writ Petition
deserves to be allowed and is accordingly allowed.
The respondent shall implement this order within a
period of twelve weeks from the date of receipt of a
copy of this order. No costs.
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13. In view of the above facts and the ratio laid down by this
Court vide order dated 24.09.2021 in W.P.No.20499 of 2021, this Court
is of the considered view that 50% of service rendered by the petitioners
as Part Time Vocational Instructor has to be taken into account and to
revise the retirement benefits including regular pension payable to the
petitioners from the date of retirement with all consequential and other
attendant benefits.
14. In the result, the respondents are directed to count 50% of
service rendered by the petitioners as Part Time Vocational Instructor
and to revise the retirement benefits including regular pension payable to
the petitioners from the date of their retirement with all consequential
and other attendant benefits as per G.O.M.s.No.194 School Education
Department dated 12.09.2018, by considering the representations
submitted by the petitioners dated 09.01.2020.
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W.P.Nos.13452 & 13456 of 2020
15. With the above direction, the writ petitions are allowed.
There shall be no order as to costs.
24.08.2023
mfa
To
1. The Principal Secretary to Government,
School Education Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2. The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
3. The Director of Elementary Education,
DPI Campus, College Road,
Chennai – 600 006.
4. The Chief Educational Officer,
Chengalpattu District,
Chengalpattu.
5. The District Educational Officer,
Chengalpattu Educational District,
St.Thomas Mount,
Chrompet, Chennai.
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W.P.Nos.13452 & 13456 of 2020
6. The Chief Educational Officer,
Pudukkottai District,
Pudukottai.
7. The District Educational Officer,
Pudukkottai Educational District,
Pudukkottai.
8. The Block Educational Officer,
Thirumayam Block,
Pudukkottai District.
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W.P.Nos.13452 & 13456 of 2020
J.SATHYA NARAYANA PRASAD,J.,
mfa
W.P.Nos.13452 & 13456 of 2020
24.08.2023
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