Madras High Court
M.Dhanabagyam vs The Government Of Tamil Nadu on 12 June, 2023
W.P.No.14194 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.14194 of 2023
1.M.Dhanabagyam
2.P.Periyasamy
3.M.Venkataraman
4.N.Raveenthira Nathan
5.N.Srinivasan
6.S.Mohan
7.J.Vasudevan ...Petitioners
Vs
1.The Government of Tamil Nadu,
Rep. by Secretary to Government,
School Education Department,
Fort St. George, Chennai - 600 009.
2.The Commissioner of School Education,
College Road, Chennai - 600 006.
3.The Joint Director of School
Education (Vocational),
College Road, Chennai - 600 006. ...Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.14194 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, directing the respondents to count
50% of service rendered by petitioners in the post of single and double
part time Vocational Instructor as qualifying service along with regular
service rendered in the post of Vocational Instructor till the date of
retirement for the purpose of pensionary benefits and issue a
consequential direction to the respondents to forward the revised pension
proposal for sanction to the Accountant General and to grant arrears of
pensionary benefits and pension.
For Petitioners : Mr.R.Saseetharan
For Respondents : Mr.P.Gurunathan,
Additional Government Pleader
ORDER
With the consent of both the parties, this Writ Petition is taken up
for final disposal at the admission stage itself.
2. All the petitioners herein are retired Vocational Instructors.
Their services were regularized prior to 01.04.2003 when the New
Pension Scheme was introduced. They now seek for counting of 50% of
their services rendered in the post of single and double part time
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W.P.No.14194 of 2023
Vocational Instructors as qualifying service, along with the regular
services rendered in the post of Vocational Instructors.
3. The issue with regard to the entitlement to have their past
services in the post of single and double part time Vocational Instructors
was already dealt with by an Hon'ble Division Bench of this Court in the
case of M.Velliyangiri Vs. The Government of Tamil Nadu, School
Education Department and others passed in W.A.No.2133 of 2019, etc.
batch, dated 03.03.2023, wherein this Court had held that such 50% of
the past services can be counted for the purpose of calculating the
pensionable services. The relevant portion of the Judgment reads as
follows:-
"11.Therefore, the respondents cannot deny
the lawful right of the appellants/petitioners herein
by virtue of G.O.Ms.No.194 dated 12.09.2018 for
the reason that the cut-off date in the said G.O. has
been quashed in the above mentioned writ petitions.
Therefore, the objections raised by the
respondent/officials are liable to be rejected,
accordingly they are rejected. The
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W.P.No.14194 of 2023
appellants/petitioners are entitled to, for calculating
50% of the past services, rendered by each of the
petitioner in the respective employment before they
got absorbed by bringing them under the time scale
of pay irrespective of the years of service, for the
purpose of pensionary benefits. Accordingly, this
point is answered.
12.In the result, these writ appeals are
allowed subject to the above observations, setting
aside the orders in all the writ petitions mentioned
above. Consequently, connected writ petitions are
allowed. The respective respondents in each of the
writ appeals/writ petitions are hereby directed, after
fixing the revised pension by taking into account the
past 50% services, the revised pension arrears shall
be calculated and to be disbursed to the
appellants/petitioners within a period of twelve
weeks from the date of receipt of a copy of this order.
No costs."
The aforesaid extract is self explanatory. Thus, the petitioners herein
would be entitled for a similar benefit also.
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W.P.No.14194 of 2023
4. In the light of the above observations, there shall be a direction
to the respondents 1 and 2 herein to consider the petitioners' claim and
pass appropriate orders, by counting 50% of services rendered by them in
the post of single and double part time Vocational Instructors as
qualifying service, along with the regular service rendered in the post of
Vocational Instructor, till the date of their retirement, within a period of
four weeks from the date of receipt of a copy of this order. The
respondents 1 and 2, thereafter, shall forward the proposal for revision of
the pensionary benefits to the Accountant General, within a period of two
weeks from the date of passing of the aforesaid order.
5. With the above direction, the Writ Petition stands allowed. No
costs.
12.06.2023
Index:Yes/No
Neutral Citation:Yes/No
Speaking order/Non-speaking order
hvk
https://www.mhc.tn.gov.in/judis
W.P.No.14194 of 2023
M.S.RAMESH,J.
hvk
To
1.The Secretary to Government,
School Education Department,
Fort St. George, Chennai - 600 009.
2.The Commissioner of School Education,
College Road, Chennai - 600 006.
3.The Joint Director of School
Education (Vocational),
College Road, Chennai - 600 006.
W.P.No.14194 of 2023
12.06.2023
https://www.mhc.tn.gov.in/judis
