Madras High Court
M.Gomathi vs The State Of Tamilnadu on 12 August, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.2837 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.2837 of 2024
M.Gomathi ... Petitioner
vs
1.The State of Tamilnadu,
Represented by its Principal Secretary,
School Education Department,
Fort St.George, Chennai – 09.
2.The Joint Director (Vocational) of School Education,
College Road,
Chennai – 06.
3.The Chief Educational Officer,
O/o.The Chief Educational Office,
Thoothukudi. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a
writ of Mandamus, to direct the respondents to take the 50% of the part time service
rendered by the petitioner i.e., from 03.06.1982 to 31.03.1990 along with the regulars
service for the pension benefits i.e., for the period of 20 years 00 months 28 days based on
the judgment passed by the Hon’ble Division Bench in W.A.Nos.347 and 526 of 2020 dated
20.04.2023 and by extending the benefits of the G.O.No.217, School Education (Pa.Ka.7(1)
Department) dated 12.07.2023.
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.2837 of 2024
For Petitioner : Mr.R.Saravanan
For Respondents : Mr.J.Ashok
Additional Government Pleader
*****
ORDER
The present Writ Petition has been filed by a Vocational Instructor
seeking to consider the services rendered by her as a part time Vocational
Instructor for the purposes of calculating pensionary benefits.
2. According to the writ petitioner, she was appointed as a part time
Vocational Instructor on 03.06.1982 and her services were regularised with
effect from 01.04.1990. The petitioner had attained superannuation on
10.03.2020. Thereafter, the petitioner has approached the authorities seeking
to reckon 50% of services put up by her as a part time Vocational Instructor.
However, the said request has been rejected by the authorities, on the ground
that the said benefit is applicable only to the teachers, who have already
approached the Court. Challenging the said order, the present writ petition
has been filed.
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3. The respondents herein had filed a counter contending that the
teacher after having retired in the year 2020 had addressed a communication
on 04.08.2023, seeking the said benefits and approached this Court belatedly
in the year 2024. Therefore, the writ petition has to be dismissed on the
ground of latches.
4. I have carefully considered the submissions made by the learned
counsel on either side and perused the materials available on record.
5. The fact that the petitioner's services were regularized on 01.04.1990
is not in dispute. The judgment of the Hon'ble Division Bench of this Court in
W.A.Nos.347 and 526 of 2020 and batch, dated 20.04.2023 has dismissed the
appeal, wherein, the writ Court had directed the authorities to consider the
50% of the services rendered as a single part time/ double part time
Vocational instructors for the purposes of calculating pension. However, in
paragraph No.10 of the order of the Hon'ble Division Bench of this Court has
held that if the concerned teacher had approached the Court belatedly, they
will not be entitled for any interest. The judgment of the Hon'ble Full Bench
of this Court in 2019 (6) CTC 705 (The Government of Tamil Nadu,
https://www.mhc.tn.gov.in/judis
Represented by the Secretary to Government, Public Works Department
and two others Vs.R.Kaliyamoorthy) has held that the Government
Employee/servant, who has rendered non-provisional service on consolidated
pay and whose services were regularized before 01.04.2003, half of the
services rendered shall be counted for the purpose of confirming pensionary
benefits.
6. In view of the fact that the eligibility of teachers to receive pension is
a continuing cause of auction, the question of limitation or laches would not
arise. The only impediment for the writ petitioner is that she would not
receive any interest for the belated disbursement of the arrears of the
pensionary benefits.
7. In view of the above said facts, this Writ Petition stands allowed
directing the authorities to consider 50% of the services rendered by the
petitioner during the period between 03.06.1982 and 31.03.1990, for the
purpose of calculation of pension and thereafter, proceed to disburse the
pensionary benefits. However, the petitioner would not be entitled to any
interest, if the disbursement of pensionary benefits are effected within a
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period of four months from the date of receipt of a copy of this order. There
shall be no order as to costs.
12.08.2024
NCC : Yes/No (3/3)
Index : Yes / No
Internet : Yes / No
apd
To
1. The Secretary,
School Education Department,
Fort St.George, Chennai – 09.
2. The Joint Director (Vocational) of
School Education,
College Road, Chennai – 06.
3. The Chief Educational Officer,
O/o. the Chief Educational Office,
Thoothukudi.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
apd
12.08.2024
(3/3)
https://www.mhc.tn.gov.in/judis
