Madras High Court
A.Thamizhselvan vs The State Of Tamil Nadu on 22 June, 2023
W.P.Nos.25603 of 2018 etc batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2023
CORAM :
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.P.Nos.25603, 25937, 26068, 26181, 26009, 25999, 26222, 26680,
31455, 31471, 31480, 31482, 31463, 33457, 33466 and 33464 of 2018
and
W.M.P.Nos.29756, 29759, 30141, 30144, 30291, 30294, 30405,
30406, 30224, 30227, 30209, 30213, 30444, 30448, 31055, 31056,
36649, 36652, 36675, 36677, 36682, 36685, 36687,
36688, 36660 and 36666 of 2018
W.P.No.25603 of 2018
A.Thamizhselvan ... Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its
Secretary to Government,
Finance (Pay Cell) Department,
Fort St. George,
Chennai - 600 009.
2.The State of Tamil Nadu,
Represented by its
Deputy Secretary to Government,
School Education Department,
Fort St. George,
Chennai - 600 009.
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3.The Director of School Education,
DPI Compound,
College Road,
Chennai - 600 006.
4.The Joint Director (Vocational),
Directorate of School Education,
DPI Compound,
College Road,
Chennai - 600 006.
5.The Chief Educational Officer,
Nagapattinam, Nagapattinam District.
6.The District Educational Officer,
Nagapattinam, Nagapattinam District.
7.The Head Master,
R.Natesanar Government Higher Secondary School,
Ayakkaranpulam,
Vedaranyam Taluk,
Nagapattinam District. ... Respondents
Common Prayer: Petitions filed under Article 226 of the Constitution of
India to issue a Writ of Certiorarified Mandamus, to call for the records
relating to the letter of the second respondent having
Ref.No.16280/VE/2011-4 dated 14.06.2012 to the third respondent
rejecting the request of the third respondent to take the service rendered
by part time vocational instructions for the purpose of pension and quash
the same and consequently direct the fourth respondent to send the
proposal for computing the 50% service rendered by the petitioner as part
time vocational instructors drawing consolidated pay for calculating the
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W.P.Nos.25603 of 2018 etc batch
qualifying service for pension and the quantum of pension under Rule
43(2) of the Tamil Nadu Pension Rules to the second respondent to
enable the first respondent to sanction the pension to the petitioner based
on the said proposal from the date of retirement of the petitioner and to
enable the concerned authorities to disburse the pension to the petitioner.
In all W.Ps
For Petitioners : Mr.S.Shanmugasundaram
for Mr.R.Murugabharathi
For Respondents : Mr.R.Neelakandan
Additional Advocate General
Assisted by
Mrs.C.Meera Arumugam
Additional Government Pleader
COMMON ORDER
All these writ petitions have been filed by Part Time Vocational
Instructors/petitioners, to quash the impugned letter having
Ref.No.16280/VE/2011-4 dated 14.06.2012 of the second respondent to
the third respondent, rejecting the request of the third respondent to take
the services rendered by the petitioners, for the purpose of calculation of
pension.
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W.P.Nos.25603 of 2018 etc batch
2. The common grievance of all the writ petitioners is that the
respondents are not taking the services rendered by them as Part Time
Vocational Instructors for the purpose of calculation of the number of
years of services while considering the petitioners pension eligibility as
also the quantum of pension under the Tamil Nadu Pension Rules, 1978.
3. It is also seen that there are different categories of persons
which:
(1) comprising of persons who retired serving in various
Government Schools
(2) comprising of persons who retired after serving in
Government Aided Schools and
(3) the persons, who held post graduate degree in Commerce
and worked as Vocational Instructors and subsequently promoted as
P.G. Assistants and thereafter retired from services.
4. It is not in dispute that the pension disbursing authorities for all
the three categories are the Joint Director (Vocational), the concerned
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W.P.Nos.25603 of 2018 etc batch
District Educational Officers and Commissioners of Corporation
respectively.
5. In and by G.O.Ms.No.712, Education (HS) Department dated
28.05.1990, Part Time Vocational Instructors were regularized with effect
from 01.04.1990. The said Government Order was also upheld by this
Court. Thereafter, the Government decided to give monetary benefits
from the date of regularization of services of 689 Vocational Instructors.
In the mean time, G.O.Ms.No.408, Finance (Pension) Department dated
25.08.2009 was issued and in terms of the same as per the Rules 2 and
11 of the Tamil Nadu Pension Rules, 1978, the services rendered by
person in non-provincialized service or pensioners receiving consolidated
pay, Honorarium, Daily Wages will not be reckoned for calculating
pensionable services. It was also decided that persons, who have been
made permanent with effect from 01.04.2003 would also not be eligible
for pension. However, the Government Order, considering humanitarian
grounds, decided to take 50% of the services rendered by the Full Time
Instructors between 01.01.1961 and 01.04.2003 for the purpose of
calculating pension, subject to they having been absorbed as permanent
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W.P.Nos.25603 of 2018 etc batch
Government employees on or before 01.04.2003 without any break.
6. A letter dated 08.05.2012 was issued by the Director of School
Education to the Secretary, Education Department, to take note of 50% of
the services rendered by the Part Time Vocational Instructors for the
purpose of calculating their pension in terms of G.O.Ms.No.408, Finance
(Pension) Department dated 25.08.2009. The Association of Tamil Nadu
Higher Secondary Vocational Teachers also made a representation on
23.08.2013 in this regard and requested for giving them exemption in the
terms of G.O.Ms.No.408, Finance (Pension) Department dated
25.08.2009, taking into account their length of service while calculating
their pension.
7. However, the respondents in and by impugned order dated
14.06.2012, refused to take the services rendered by the Part Time
Vocational Instructors for the purpose of calculating their pension based
on G.O.Ms.No.408, Finance (Pension) Department dated 25.08.2009.
The said decision is challenged in all these writ petitions.
8. The respondents have filed a counter affidavit placing reliance
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on the Division Bench Judgment of this Court in W.A.Nos.882 of 2017
etc., batch dated 06.04.2018 where, this Court fixed cut-off date namely
06.04.2018 i.e., the date of Judgment in the writ appeals.
9. The reasoning of the Division Bench was that the benefit could
be extended only to the persons before the Court and similarly placed
persons, whose cases were already pending before the Court in order to
avoid a Pandora's Box being opened.
10. In furtherance of the Judgment of the Division Bench of this
Court, the Government brought to G.O.Ms.No.194, School Education
(SE7-1) Department dated 12.09.2018, where, it was decided that the
benefits would be availed only for the persons, whose cases were either
disposed of or pending at the cut-off date namely 06.04.2018.
11. It is also contended by the learned Additional Advocate
General for the respondents that, this order is also subsequently followed
by a learned Single Judge of this Court in W.P.No.31515 of 2018.
12. However, the learned counsel for the petitioners would invite
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W.P.Nos.25603 of 2018 etc batch
attention of this Court to the recent pronouncement of the Division Bench
of this Court in W.A.Nos.2133 of 2019 etc., batch dated 03.03.2023,
where, this Court has referred to G.O.Ms.No.194, School Education
(SE7-1) Department dated 12.09.2018, fixing the cut-off date, upheld the
Government Order being quashed the same in a batch of writ petitions
namely W.P.(MD).No.22785 of 2019 etc., batch dated 05.11.2019.
13. The case on hand is no different. The only contention or
objection taken by the respondents is relying on the Judgment of the
Division Bench of this Court in W.A.Nos.882 of 2017 etc., batch dated
06.04.2018.
14. However, it is seen that subsequently much water has flown.
The Government chose to pass G.O.Ms.No.194, School Education
(SE7-1) Department dated 12.09.2018, which was also given effect to.
However, when the said Government Order was subject matter before the
Division Bench of this Court in a batch of writ petitions i.e., in
W.A.Nos.2133 of 2019 etc., batch and this Court has quashed the
Government Order and therefore, it is no longer open to the respondents
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W.P.Nos.25603 of 2018 etc batch
to place reliance on G.O.Ms.No.194, School Education (SE7-1)
Department dated 12.09.2018 and insist that the concerned employees
should fall within the cut-off date namely 06.04.2018.
15. In fact, in W.A.Nos.2133 of 2019 etc., batch, the Division
Bench of this Court held 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
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."
16. In view of the above, there is absolutely no impediment for the
petitioners to seek relief in line with the earlier order passed by this Court
in W.A.Nos.2133 of 2019 etc., and consequently, the petitioners are
entitled to have their services rendered as Part Time Vocational
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W.P.Nos.25603 of 2018 etc batch
Instructors, being taken into account for the purpose of calculation of
pension and while computing the same, 50% of their services rendered as
Part Time Vocational Instructors would be factored for arriving at the
pension as well as the quantum of pension payable to them under Rule 42
of the Tamil Nadu Pension Rules, 1978.
17. Accordingly, these Writ Petitions are allowed and the
impugned orders are set aside. The respondents shall refix the pension
payable to the respective writ petitioners taking into account 50% of their
past services and the revised arrears of pension shall be calculated and
disbursed to the respective writ petitioners, within a period of twelve (12)
weeks from the date of receipt of a copy of this order. No costs. The
connected Writ Miscellaneous Petitions are closed.
22.06.2023
Index : Yes / No
Internet : Yes / No
Speaking Order/Non-Speaking Order
Neutral Citation : Yes / No
arb
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W.P.Nos.25603 of 2018 etc batch
To
1.The Secretary,
Government of Tamil Nadu,
Finance (Pay Cell) Department,
Fort St. George,
Chennai - 600 009.
2.The Deputy Secretary,
Government of Tamil Nadu,
School Education Department,
Fort St. George,
Chennai - 600 009.
3.The Director of School Education,
DPI Compound,
College Road,
Chennai - 600 006.
4.The Joint Director (Vocational),
Directorate of School Education,
DPI Compound,
College Road,
Chennai - 600 006.
5.The Chief Educational Officer,
Nagapattinam, Nagapattinam District.
6.The District Educational Officer,
Nagapattinam, Nagapattinam District.
https://www.mhc.tn.gov.in/judis
W.P.Nos.25603 of 2018 etc batch
P.B.BALAJI, J.
arb
W.P.Nos.25603, 25937, 26068, 26181, 26009, 25999, 26222, 26680,
31455, 31471, 31480, 31482, 31463, 33457, 33466 and 33464 of 2018
and
W.M.P.Nos.29756, 29759, 30141, 30144, 30291, 30294, 30405,
30406, 30224, 30227, 30209, 30213, 30444, 30448, 31055, 31056,
36649, 36652, 36675, 36677, 36682, 36685, 36687,
36688, 36660 and 36666 of 2018
22.06.2023
https://www.mhc.tn.gov.in/judis
