Madras High Court
V.Chokkar vs The State Of Tamil Nadu on 10 January, 2023
W.P.(MD)Nos.5362 of 2020 etc., batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)Nos.5362, 5363, 5366, 5367, 5369, 5370, 5371, 5373, 5375,
5376, 5379 and 5380 of 2020
W.P.(MD)No.5362 of 2020
V.Chokkar ... Petitioner
Vs.
1.The State of Tamil Nadu
represented by its Secretary to Government,
School Education Department,
Secretariat,
Chennai 9.
2.The Director of School Education,
D.P.I.Campus,
College Road,
Chennai.
3.The Chief Educational Officer,
Ramanathapuram,
Ramanathapuram District.
... Respondents
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W.P.(MD)Nos.5362 of 2020 etc., batch
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the respondents herein
to take 50% of service rendered by the petitioner as part time Vocational
Instructors drawing consolidated pay between 20.09.1996 to 09.06.2002
along with regular service from 10.06.2002 for calculating the qualifying
service, for the purpose of pension and the quantum of pension under Rule
43(2) of the Tamil Nadu Pension Rules and to sanction pension and other
pensionary benefits and also to pay arrears by considering the petitioner's
representation dated 12.02.2020, within the time limit fixed by this Court.
For Petitioner : Mr.S.Manikandan
For Respondents : Mr.S.Saji Bino
Special Government Pleader
COMMON ORDER
Since the issue involved in these writ petitions is one and the
same, they have been taken up together and disposed of by this common
order.
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W.P.(MD)Nos.5362 of 2020 etc., batch
2. These writ petitions have been filed for issuance of a writ of
Mandamus, directing the respondents to take 50% of the service rendered by
the petitioners as Part Time Vocational Instructors for the purpose of
pension and other retirement benefits, by considering their representations.
3. The case of the petitioners is that they were initially appointed
as Part Time Vocational Instructors in various Schools and their services
were regularised. As per the judgment laid down by this Court in W.P.No.
39177 of 2022, dated 16.04.2009, 50% of the service rendered as Part Time
Vocational Instructors could be considered for the purpose of calculating the
pension and other retirement benefits. In order to avail the said benefit, the
petitioners have made several representations to the respondents and the
same were not considered till date. Hence, the present writ petitions have
been filed.
4. The learned counsel appearing for the petitioners would submit
that this Court may issue a direction to the third respondent to consider the
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W.P.(MD)Nos.5362 of 2020 etc., batch
petitioners' representations dated 12.02.2020, 01.11.2019 and 06.10.2019
respectively and pass appropriate orders within a reasonable time as fixed
by this Court.
5. Heard the learned counsel for the petitioners and the learned
Special Government Pleader appearing for the respondents.
6. Considering the above said submission, this Court directs the
third respondent to consider the petitioners' representations dated
12.02.2020, 01.11.2019 and 06.10.2019 respectively and pass appropriate
orders, on merits and in accordance with law, within period of twelve weeks
from the date of receipt of a copy of this order, in terms of Rule 11(4) of the
Tamil Nadu Pension Rules, 1978 and the Full Bench decision of this Court
reported in 2019 (6) CTC 705 (The Government of Tamil Nadu vs.
R.Kaliyamoorthy).
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W.P.(MD)Nos.5362 of 2020 etc., batch
7. With the above direction, these Writ Petitions are disposed of.
No costs.
10.01.2023
Index : Yes / No
Speaking Order : Yes / No
AKV
To
1.The Secretary to Government,
State of Tamil Nadu,
School Education Department,
Secretariat,
Chennai 9.
2.The Director of School Education,
D.P.I.Campus,
College Road,
Chennai.
3.The Chief Educational Officer,
Ramanathapuram,
Ramanathapuram District.
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W.P.(MD)Nos.5362 of 2020 etc., batch
M.DHANDAPANI,J.
AKV
W.P.(MD)Nos.5362 of 2020 etc., batch
10.01.2023
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https://www.mhc.tn.gov.in/judis
