Madras High Court
M.Vasuki vs The State Of Tamil Nadu on 2 July, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.17220 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.17220 of 2024
M.Vasuki ... Petitioner
Vs
1. The State of Tamil Nadu,
represented by Principal Secretary
to Government,
School Education Department,
Secretariat, Chennai – 600 009.
2. The Accountant General / (A&E),
Office of the Principal Accountant General,
Anna Salai, Teynampet,
Chennai 600 018.
3. The Joint Director (Vocational),
DPI Campus, College Road,
Chennai – 600 006.
4. The Chief Educational Officer,
Thiruvannamalai,
Thiruvannamalai District.
5. The Headmaster,
Government Boys Higher Secondary School,
Polur, Thiruvannamalai District. .... Respondents
https://www.mhc.tn.gov.in/judis
Page 1 of 14
W.P.No.17220 of 2024
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus, direct the fifth respondent to send
revised pension proposal to the second respondent taking 50 percentage of
temporary period of service (from 20.10.1989 to 04.10.1996) along with the
service rendered in time scale of pay as Vocational instructor as qualifying
pensionable and further sanction revised pension and also arrears by
considering the petitioner representation dated 04.03.2024.
For Petitioner : Mr.P.Murali
For R1, R3 to R5 : Mrs.S.Mythreye Chandru
Special Government Pleader
ORDER
This writ petition has been filed for direction directing the fifth
respondent to send revised pension proposal to the second respondent taking 50
percentage of temporary period of service (from 20.10.1989 to 04.10.1996)
along with the service rendered in time scale of pay as Vocational instructor as
qualifying pensionable and further sanction revised pension and also arrears by
considering the petitioner representation dated 04.03.2024.
2. Heard the learned counsel on either side and perused the materials
available on record.
3. The entitlement of the petitioner, who is a Vocational Instructors, to
https://www.mhc.tn.gov.in/judis
seek for counting of 50% of the past services from the date of her initial
appointment till the date of regularization, has already been considered by a
Division Bench of this Court in a batch of Writ Appeals in W.A.No.2907 of
2019 etc. batch dated 29.08.2023 and have passed the following order:-
“These intra-court appeals had been preferred by the
petitioners being aggrieved against the order of the learned
single Judge insofar as it relates to the direction to consider
the case of the petitioner in terms of G.O.Ms.No.194, School
Education Department, dated 12.09.2018.
2. The petitioners are all Vocational Instructors
Teachers whose service 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. Various orders have been passed by this Court
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, 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,
https://www.mhc.tn.gov.in/judis
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.”
4. It is also brought to the notice of this Court that one
of us (Mr.R.SURESH KUMAR,J.) 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. The relevant
paragraphs are extracted hereunder for better appreciation:
''Para19. 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.
Para 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
https://www.mhc.tn.gov.in/judis
employees of the respective employer/State would be
entitled to get the pensionary benefits till their life
time. Thereafter, the legal heirs would be entitled to
get the family pension benefits.
Para 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.
''Para 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
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
https://www.mhc.tn.gov.in/judis
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.
Para 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 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 taken by one us
(Mr.R.SURESH KUMAR, J.), 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
https://www.mhc.tn.gov.in/judis
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 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.,
https://www.mhc.tn.gov.in/judis
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 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
irrespective of the years of service, for the purpose of
pensionary benefits. Accordingly, this point is
answered.
12.In the result, these writ appeals
https://www.mhc.tn.gov.in/judis
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 the 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:
@6/nkw;fz;l NH;epiyapy; khz;gik
brd;id cah;ej P pkd;wk; kw;Wk; brd;id
cah;ej P pkd;w kJiu fpisapy; bgwg;gl;l
jPh;g;ghizfSf;fpz';ft[k.; ePjpkd;w mtkjpg;g[
tHf;Ffis jtph;ff; 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
https://www.mhc.tn.gov.in/judis
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/@
7. The petitioners have also been appointed as part
time Vocational Instructors and thereafter, their service 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. However, the learned single Judge in the impugned
order had directed the case to be considered in accordance
with G.O.Ms.No.194, School Education Department, dated
12.09.2018, which direction according to us in view of the
subsequent development would not be an appropriate
direction.
8. Therefore the respondents are directed to take into
consideration the 50% of the service rendered by them from
the date of initial appointment till the date of regularization
as part time Vocational Instructors that each of the
petitioners have put in and recalculate their pension that is
paid to the petitioners.
9. The needful shall be undertaken by the respondents
within a period of eight(8) weeks from the date of receipt of a
https://www.mhc.tn.gov.in/judis
copy of this order.
10. We also take judicial notice of the fact that various
such claims are pending before this Court for very long time.
In such circumstances, it would only be incumbent upon the
Government to issue a Government Order, wherever the
Vocational Instructors who have been regularised before
01.04.2003 and who prior to their regularisation have been
working as part time /temporary basis, then in their respect
50% of such service from the date of initial appointment to
the date of regularisation shall be reckoned for calculating
their pension and their pension shall be re-fixed. This
direction is issued considering the fact that such persons even
after their superannuation being senior citizens should not be
unnecessarily driven to Court. Considering the said
circumstances, we direct the Government to issue such order
within a period of three (3) months from the date of receipt of
a copy of this order.
With these observations, these writ appeals are
disposed of. No costs.”
4. The claim made in the present Writ Petition is also for counting of the
past services of the petitioner, who is a Vocational Instructor, from the date of
her initial appointment till the date of regularization, which are the same facts
involved in the aforesaid Writ Appeals. As such, the petitioner could also be
entitled for a similar relief.
5. Accordingly, there shall be a direction to the respondents herein, to
pass appropriate orders, counting 50% of the petitioner's services from the date
of her initial appointment till the date of regularization and consequently, pass
https://www.mhc.tn.gov.in/judis
orders for revision of her retirement benefits, including pension, within a period
of six (6) weeks from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition stands allowed. No costs.
02.07.2024
Internet: Yes
Index : Yes/No
Neutral Citation : Yes/No
Speaking/Non Speaking order
mn
https://www.mhc.tn.gov.in/judis
To
1. The Principal Secretary
to Government,
The State of Tamil Nadu,
School Education Department,
Secretariat, Chennai – 600 009.
2. The Accountant General / (A&E),
Office of the Principal Accountant General,
Anna Salai, Teynampet,
Chennai 600 018.
3. The Joint Director (Vocational),
DPI Campus, College Road,
Chennai – 600 006.
4. The Chief Educational Officer,
Thiruvannamalai,
Thiruvannamalai District.
5. The Headmaster,
Government Boys Higher Secondary School,
Polur, Thiruvannamalai District.
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN. J,
mn
02.07.2024
https://www.mhc.tn.gov.in/judis
