Madras High Court
A.L.Vasudevan vs The State Of Tamilnadu on 16 October, 2023
W.P.Nos.2146 & 2150 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.10.2023
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.Nos.2146 & 2150 of 2021
W.P.No.2146 of 2021
1.A.L.Vasudevan
2.V.Ponnambalam
3.V.Sivakumar
4.G.Koteeswaran
5.K.Jagadesan
6.N.Thirunavukkarasu
7.V.Kandasamy
8.J.Vatchala
9.Gracia Roberts
10.P.Glory Pushpa Bai
11.C.Arockia Raj
12.S.Sagunthala Valli
13.R.Veronica Rathinamani
14.R.Hema
15.R.Rajeswari
16.N.Ravichandran
17.J.Nagarajan
18.K.Rajalakshmi
19.T.Srinivasan
20.M.Gunasekaran
21.R.Vijayalakshmi
22.S.Akbarali
23.S.Ayyappan ... Petitioners
versus
1/18
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W.P.Nos.2146 & 2150 of 2021
1.The State of Tamilnadu,
Represented by Principal Secretary to Government,
School Education Department,
Fort St.George,
Chennai - 600 009.
2.The Director of School Education,
DPI Complex, College Road,
Chennai - 600 006.
3.The Joint Director of School Education (Vocational),
O/o.The Director of School Education,
DPI Complex, College Road,
Chennai - 600 006.
4.The Chief Educational Officer,
O/o.Chief Educational Officer,
Chennai - 600 002.
5.The Chief Educational Officer,
O/o.Chief Educational Officer,
Kancheepuram District.
6.The Chief Educational Officer,
O/o.Chief Educational Officer,
Thiruvallur, Thiruvallur District.
7.The Chief Educational Officer,
O/o.Chief Educational Officer,
Perambalur District, Perambalur.
8.The Chief Educational Officer,
O/o.Chief Educational Officer,
Cuddalore District, Cuddalore.
2/18
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W.P.Nos.2146 & 2150 of 2021
9.The Chief Educational Officer,
O/o.Chief Educational Officer,
Kanyakumari District,
Kanyakumari.
10.The Principal Accountant General (A&E),
No.361, Annasalai,
Teynampet,
Chennai - 600 018. ... Respondents
W.P.No.2150 of 2021
1.K.M.Gowri
2.S.Nirmala
3.E.Chandramohan
4.M.Kumarasamy
5.P.Gunasekaran
6.P.Ramasamy
7.G.V.Sethurani
8.K.Paramasivam
9.M.Kandasamy
10.A.Loganathan
11.K.Nageswari ... Petitioners
versus
1.The State of Tamilnadu,
Represented by Principal Secretary to Government,
School Education Department,
Fort St.George,
Chennai - 600 009.
2.The Director of School Education,
DPI Complex, College Road,
Chennai - 600 006.
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W.P.Nos.2146 & 2150 of 2021
3.The Joint Director of School Education (Vocational),
O/o.The Director of School Education,
DPI Complex, College Road,
Chennai - 600 006.
4.The Chief Educational Officer,
O/o.Chief Educational Officer,
Erode District, Erode.
5.The Chief Educational Officer,
O/o.Chief Educational Officer,
Salem District, Salem.
6.The Chief Educational Officer,
O/o.Chief Educational Officer,
Namakkal District, Namakkal.
7.The Principal Accountant General (A&E),
No.361, Annasalai,
Teynampet,
Chennai- 600 018. ... Respondents
COMMON PRAYER: Writ Petitions filed under Article 226 of the
Constitution of India, seeking for a writ of mandamus, directing the
respondents to calculate the 50% of service rendered by the petitioners as
part-time Vocational Instructor drawing consolidated pay along with regular
service for arriving net qualifying service for calculation of pension and to
grant all monetary and other attendant benefits and arrears within a
stipulated time may be fixed by this Court.
For Petitioners : Mr.M.Saravanakumar
[in both W.Ps]
For Respondents : Mr.P.Sanjai Gandhi
[in both W.Ps] Government Advocate
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W.P.Nos.2146 & 2150 of 2021
COMMON ORDER
Since the issues involved in these Writ Petitions are one and the same
and therefore, these Writ Petitions are heard together and disposed of by
way of this common order.
2. The petitioners are appointed as Vocational Instructors and
their services had been regularised and their plea is to count 50% of their
past service that they have been rendered as temporary/part time Vocational
Instructors from their date of initial appointment till the date of
regularization for the purpose of pensionary benefits.
3. This Court had passed various orders by directing the
respondents to count such service of part time/temporary service for
calculating the pension of persons whose service has been regularized prior
to 01.04.2003. However, a Division Bench of this Court in a batch of Writ
Appeals had fixed a cut off date viz. 06.04.2018 to be a date, after which no
such request should be entertained. Based upon the aforesaid order, the
Government had issued a Government Order in G.O.(Standing)No.194,
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W.P.Nos.2146 & 2150 of 2021
School Education (SE7-1) Department, dated 12.09.2018, wherein the
Government had issued the following orders:-
“5. In the above circumstances, in compliance of the
judgments of Hon'ble Madras High Court/Madurai Bench of
Madras High Court and in order to implement the judgment of
Madras High Court dated 06.04.2018 in W.A.Nos.882,
808/2017, 1224, 1395, 1471, 1283 and 1323/2016 and in
C.M.P.Nos.12269, 11319/17, 15744, 15745, 17938, 17939,
18318, 18319, 17906, 17919 and 17159/2016, the Government
has carefully considered the suggestions of the Director of
School Education. It has decided to accept the same.
Accordingly, Government is passing orders that out of the
Part-time Vocational Instructors of Government and
Government-Aided Higher Secondary Schools who were
brought under regularized salary scale before 01.04.2003, only
those who have filed petitions before Madras High Court and
Madurai Bench of Madras High Court and got judgements and
those similarly placed Vocational Instructors who have filed
petition before 06.04.2018 and whose petitions are still
pending are alone given permission to get their pension
computed on basis of 50% of the services rendered during
Part-time service.?”
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W.P.Nos.2146 & 2150 of 2021
4. It is also brought to the notice of this Court that the Division
Bench of this Court while dealing in a batch of Writ Petitions i.e.,
W.P.(MD).Nos.14365 of 2014 & etc., batch, before the Madurai Bench of
this Court by order dated 09.07.2018, after considering the various aspects
and the judgment of the Patna High Court, has held that no specific date
could be drawn and directed the Government to consider the cases of the
similarly placed persons even an application is received after 06.04.2018.
For better appreciation, the relevant paragraphs are extracted hereunder:-
“19. Further, it is a settled proposition of law that, in
service matters, if the similarly placed persons, who are
entitled to get the benefit under law, having been denied the
benefit, even though in this regard already a decision has been
rendered by the Court of law and the same is implemented, the
very same relief shall also be extended to all similarly placed
persons irrespective of the fact, whether they approached the
Court or not, if the law declared by the Court is a judgement in
rem.
21. Moreover, the cause of action arose in these kind of
cases are continuous cause of action as each of the petitioners,
who are the erstwhile employees of the respective
employer/State would be entitled to get the pensionary benefits
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W.P.Nos.2146 & 2150 of 2021
till their life time. Thereafter, the legal heirs would be entitled
to get the family pension benefits.
41. If the said principle is applied to the facts of the
present case, except the decision dated 06.04.2018 of a
Division Bench of this Court, no other Division Bench either
prior to or after to that, has taken any different view, as the
one taken in the said judgment and in all other Division Bench
judgments, a uniform and consistent stand taken by this Court
was that, the benefit of taking into account 50% of the services
rendered by the employees before they brought into regular
service shall be the basis for calculating for the purpose of
pension and retiral benefits. Even in the said judgment dated
06.04.2018 in W.A.No.882/2017, that view was accepted and
endorsed by the said Division Bench also, but the only
embargo the Division Bench has put in that, the said benefit
cannot be extended to those who come to the Court hereafter.
In order to meet out the said embargo, the aforesaid judgments
of the Hon'ble Apex Court, as referred to above, with regard to
the continuous cause of action and the benefit, which has been
declared by the Court through a judgment in rem has to be
extended to similarly placed persons, had been quoted.
44. In view of the aforesaid judgments, wherein the issue
as has been put forth by the learned counsel for the petitioners,
having been dealt with and decided more than once by the Writ
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W.P.Nos.2146 & 2150 of 2021
Court and the same has been confirmed by the Division Bench
of this Court more than once and in cases, where SLP
preferred before the Hon'ble Supreme Court, wherein also the
view taken by this Court has been confirmed, all these
petitioners are entitled to, for calculating 50% of the past
services, rendered by each of the petitioners 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. Hence, these petitioners also
shall be entitled to get the same benefits and accordingly, all
these writ petitions are fit to succeed.
45. In the result, these writ petitions are allowed and the
respective respondents in each of the writ petitions are hereby
directed to take into account the 50% of the past services
rendered by each of the petitioners either as Vocational
Instructors or any other employment either as a Part Time /
Full time / adhoc / temporary / daily wages employees before
they brought in under the regular time scale of pay on
permanent basis or absorption and by calculating the said
50% of their past service, pension eligibility and pension
enhancement or difference of pay and pension shall be
calculated and disbursed in favour of the respective
petitioners. 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 petitioners
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W.P.Nos.2146 & 2150 of 2021
within a period of 12 weeks from the date of receipt of a copy
of this order. It is needless to mention that the petitioners shall
continue to receive the revised pension.”
5. Further, recently a Division Bench of this Court in a batch of
Writ Appeals in W.A.Nos.2133 of 2019, dated 03.03.2023 had approved the
view and the relevant portion of the judgment is extracted hereunder:-
“?8. No doubt, the writ petitioners have approached the
Court with few months delay and it is not in dispute, that, but
for the fixation of cut-off date, they would have been entitled to
the benefits of service rendered by them as vocational
teachers. The learned Single Judge in the common order in
W.P.No.14365 of 2014 dated 09.07.2018 had also referred the
common judgment dated 06.04.2018 made in W.A.No.882 of
2017 etc., and having noted the fact that persons similarly
placed have been granted the benefits by referring to various
judgments of the Hon-ble Supreme Court of India had held that
the petitioners in those writ petitions are also entitled to such
benefits. Therefore, the principle as enunciated in the above
said order is that, the respondents/officials cannot deny the
lawful right of the appellants/petitioners herein, which have
already accrued to them and has been continuously accruing.
Therefore, restricting the benefits only to those petitioners who
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W.P.Nos.2146 & 2150 of 2021
approached this Court prior to 06.04.2018 and denying the
same to the appellants/petitioners who are similarly placed is
unreasonable, arbitrary and violative of the Article 14 of the
Constitution of India.
9. Further more, the learned counsel appearing for the
appellants/petitioners would submit that the writ petitions filed
by the appellants/petitioners were disposed, following the
G.O.Ms.No.194 dated 12.09.2018. However, a Writ petition in
W.P.(MD).No.22785 of 2019 etc. batch dated 05.11.2019 was
filed under Article 226 of the Constitution of India for issuance
of a Writ of Certiorarified Mandamus, calling for the records
of the impugned G.O.Ms.No.194, dated 12.09.2018 issued by
the first respondent and quash the same with regard to the cut-
off date i.e., 06.04.2018 and directing the respondents to take
the 50% of the part time service rendered by the petitioner in
that writ petition.
10. The observation made in the W.P.(MD).No.22785 of
2019 etc., batch is extracted as hereunder:-
“Placing reliance on the observation made in
W.P.(MD).No.14365 of 2014 etc., batch, this Court has passed
the following order :
6. The learned counsels for the petitioners would submit
that, the issue raised in this batch of cases is covered by
number of orders passed by this Court. They also submitted
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W.P.Nos.2146 & 2150 of 2021
that, the decisions rendered by the learned Single Judge of this
Court, had been upheld by a Division Bench of this Court,
where also, the said view taken by the Writ Court had been
confirmed and in some of the cases the matters were taken up
to the Hon'ble Supreme Court, where also, the view taken by
this Court directing the official respondents to calculate the
50% of the services temporarily rendered by the similarly
placed persons for the purpose of their pensionary benefits,
had been affirmed and upheld and the orders have also been
complied with by issuing Government Orders in this regard.
All those, who have already filed writ petitions and got orders
for recalculating the pension, are fully eligible for pension by
taking into account their 50% of the past services rendered by
them before their absorption.?
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
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W.P.Nos.2146 & 2150 of 2021
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.”
6. The Government after taking into consideration of various
subsequent judgments had issued G.O.Ms.No.127, School Education
(gf(7)1)Department, dated 12.07.2023, wherein the Government had
directed to take into account the 50% of service that has been rendered as
part time Vocational Instructors from their date of initial appointment till
the date of regularization in respect of 563 persons, who had approached the
Court after 06.04.2018. The relevant portion of the Government Order is
extracted hereunder:-
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W.P.Nos.2146 & 2150 of 2021
“6.nkw;fz;l NH;epiyapy; khz;gik brd;id
cah;ePjpkd;wk; kw;Wk; brd;id cah;ePjpkd;w kJiu
fpisapy; bgwg;gl;l jPh;g;ghizfSf;fpz';;ft[k;. ePjpkd;w
mtkjpg;g[ tHf;Ffis jtph;f;f ntz;oa[k;. tHf;F
Mnyhrid kw;Wk; nkw;ghh;itf; FGtpd;
fUj;jpd;gog;gilapYk;. gs;spf; fy;tp Mizahpd;
fUj;JUtpid muR ftdKld; ghprPypj;J mjid Vw;fyhk;
vd Kot[ bra;J. mt;thnw 06.04.2018f;Fg; gpd;dh; tHf;F
bjhLj;J jPhg;ghiz bgw;w muR kw;Wk; muR cjtpbgWk;
nky;epiyg; gs;spfspy; gzpg[hpe;J Xa;t[ bgw;w 20
bjhHpw;fy;tp Mrphpah;fsJ 50% gFjpneu gzpf;fhyj;jpid
Xa;t{jpaj;jpw;F fzf;fpy; vLj;Jf; bfhs;s mDkjpj;J Miz
btspaplg;gl;ljw;F gpd;ndw;g[ mDkjp mspj;Jk;. 01.04.2003f;F
Kd;dh; gzptud;Kiw bra;ag;gl;l muR. muR cjtpbgWk;.
efuhl;rp kw;Wk; khefuhl;rp gs;spfspy; gzpg[hpa[k; kw;Wk;
Xa;t[ bgw;w bjhHpw;fy;tp Mrphpau;fspy;. murhiz (epiy)
vz;/194 gs;spf; fy;tpj; Jiw ehs; 12.09.2018-,y;
Fwpg;gplg;gl;Ls;s ehshd 06.04.2018f;Fg; gpd;dh; tHf;F
bjhLj;J jPh;g;ghiz bgw;Ws;s 460 bjhHpw;fy;tp
Mrphpah;fs; (454+6) kw;Wk; tHf;Ffs; epYitapy; cs;s 103
bjhHpw;fy;tp Mrphpah;fs; Mf bkhj;jk; 563 bjhHpw;fy;tp
Mrphpau;fSf;F ePjpkd;wj;jpy; epYitapy; cs;s nky;KiwaPL
kw;Wk; rPuha;t[ kDf;fspy; gpwg;gpf;fg;gLk; ,Wjp
jPh;g;g[f;Fl;gl;L mth;fspd; gFjpneu gzpf;fhyj;jpy; 50
tpGf;fhl;il Xa;t{jpaj;jpw;F fzf;fpy; vLj;Jf; bfhs;s
gs;spf; fy;tp ,af;FeUf;F mDkjp mspj;Jk; muR
MizapLfpwJ.”
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W.P.Nos.2146 & 2150 of 2021
7. The petitioners have also been appointed as part time
Vocational Instructors and thereafter, their services have been regularized
prior to 01.04.2003. Therefore, they are also entitled for counting 50% of
their past service rendered as part time Vocational Instructors for
calculating their pension.
8. Hence, these Writ Petitions are disposed and the respondents
are directed to consider the representation of the petitioners for counting
50% of the services rendered by them as part time Vocational Instructors by
taking into account of the various orders passed in the Writ Petitions and the
judgment of this Court dated 21.04.2017, made in W.A.(MD)No.392 of
2017 etc., batch. No costs.
16.10.2023
Speaking order / Non-speaking order
Index : Yes / No
Internet : Yes
sri
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W.P.Nos.2146 & 2150 of 2021
To
1.The State of Tamilnadu,
Represented by Principal Secretary to Government,
School Education Department,
Fort St.George,
Chennai - 600 009.
2.The Director of School Education,
DPI Complex, College Road,
Chennai - 600 006.
3.The Joint Director of School Education (Vocational),
O/o.The Director of School Education,
DPI Complex, College Road,
Chennai - 600 006.
4.The Chief Educational Officer,
O/o.Chief Educational Officer,
Chennai - 600 002.
5.The Chief Educational Officer,
O/o.Chief Educational Officer,
Kancheepuram District.
6.The Chief Educational Officer,
O/o.Chief Educational Officer,
Thiruvallur, Thiruvallur District.
7.The Chief Educational Officer,
O/o.Chief Educational Officer,
Perambalur District, Perambalur.
8.The Chief Educational Officer,
O/o.Chief Educational Officer,
Cuddalore District, Cuddalore.
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W.P.Nos.2146 & 2150 of 2021
9.The Chief Educational Officer,
O/o.Chief Educational Officer,
Kanyakumari District,
Kanyakumari.
10.The Chief Educational Officer,
O/o.Chief Educational Officer,
Erode District, Erode.
11.The Chief Educational Officer,
O/o.Chief Educational Officer,
Salem District, Salem.
12.The Chief Educational Officer,
O/o.Chief Educational Officer,
Namakkal District, Namakkal.
13.The Principal Accountant General (A&E),
No.361, Annasalai,
Teynampet,
Chennai- 600 018.
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W.P.Nos.2146 & 2150 of 2021
R.N.MANJULA, J.
sri
W.P.Nos.2146 & 2150 of 2021
16.10.2023
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