Madras High Court
N.Sheela Bamini vs The Director Of School Education on 28 June, 2024
W.P.(MD) Nos.13986 to 13988 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD) Nos.13986 to 13988 of 2024
W.P.(MD)No.13986 of 2024
N.Sheela Bamini ... Petitioner
Vs.
1. The Director of School Education,
Perasiriyar Anbazhagan Campus,
DPI Campus, College Road,
Chennai 600 006.
2. The Chief Educational Officer,
Kanyakumari District.
3. The Accountant General of Tamil Nadu,
Office of the Accountant General,
361, Anna Salai, Teynampet,
Chennai 600 018. ...Respondents
1/13
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.13986 to 13988 of 2024
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus directing the
respondents herein to re-fix petitioner's pension by counting 50% of
petitioner's part time Vocational Instructor service between 04.06.1990
to 04.10.1996 and disburse arrears of pension from 01.06.2016 onwards.
W.P.(MD)No.13987 of 2024
S.Felsi Bai ... Petitioner
Vs.
1. The Director of School Education,
Perasiriyar Anbazhagan Campus,
DPI Campus,
College Road,
Chennai 600 006.
2. The Chief Educational Officer,
Kanyakumari District.
3. The Accountant General of Tamil Nadu,
Office of the Accountant General,
361, Anna Salai, Teynampet,
Chennai 600 018. ...Respondents
2/13
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.13986 to 13988 of 2024
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus directing the
respondents herein to re-fix petitioner's pension by counting 50% of
petitioner's part time Vocational Instructor service between 04.06.1989
to 04.10.1996 and disburse arrears of pension from 01.08.2022 onwards.
W.P.(MD)No.13988 of 2024
D.Ivy Sulochana ... Petitioner
Vs.
1. The Director of School Education,
Perasiriyar Anbazhagan Campus,
DPI Campus, College Road,
Chennai 600 006.
2. The Chief Educational Officer,
Kanyakumari District.
3. The Accountant General of Tamil Nadu,
Office of the Accountant General,
361, Anna Salai, Teynampet,
Chennai 600 018. ...Respondents
3/13
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.13986 to 13988 of 2024
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus directing the
respondents herein to re-fix petitioner's pension by counting 50% of
petitioner's part time Vocational Instructor service between 30.08.1988
to 04.10.1996 and disburse arrears of pension from 01.06.2024 onwards.
For all Writ Petitions
For Petitioners : Mr.E.V.N.Siva
For Respondents : Mr.T.Amjadkhan – for R1 & R2
Government Advocate
Mr.G.Karthik – for R3
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. By consent of both the parties, these Writ Petitions are
taken up for final disposal at the admission stage itself.
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W.P.(MD) Nos.13986 to 13988 of 2024
3. Heard Mr.E.V.N.Siva, learned counsel for the petitioners,
Mr.T.Amjadkhan, learned Government Advocate appearing for the
respondents 1 and 2 and Mr.G.Karthik, learned counsel appearing for
the third respondent.
4. 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.
5. The learned counsel for the petitioners submitted that
similarly placed persons have already filed a writ petitions in W.P.Nos.
2146 & 2150 of 2021, wherein, the following order has been passed :
“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,
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W.P.(MD) Nos.13986 to 13988 of 2024
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 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.
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W.P.(MD) Nos.13986 to 13988 of 2024
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 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
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W.P.(MD) Nos.13986 to 13988 of 2024
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 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
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W.P.(MD) Nos.13986 to 13988 of 2024
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:-
“?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
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W.P.(MD) Nos.13986 to 13988 of 2024
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.?”
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
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W.P.(MD) Nos.13986 to 13988 of 2024
judgment of this Court dated 21.04.2017, made in W.A.
(MD)No.392 of 2017 etc., batch. No costs.”
6. The petitioners have also been appointed as part time
Vocational Instructors and thereafter, their services have been
regularised prior to 01.04.2003. Since the petitioners are also similarly
placed, they are also entitled to the similar relief granted in W.P.Nos.
2146 & 2150 of 2021, dated 16.10.2023.
7. Following the same, 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.
28.06.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
RM
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.13986 to 13988 of 2024
To
1. The Director of School Education,
Perasiriyar Anbazhagan Campus,
DPI Campus, College Road,
Chennai 600 006.
2. The Chief Educational Officer,
Kanyakumari District.
3. The Accountant General of Tamil Nadu,
Office of the Accountant General,
361, Anna Salai, Teynampet,
Chennai 600 018.
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.13986 to 13988 of 2024
R.N.MANJULA, J.
RM
W.P.(MD) Nos.13986 to 13988 of 2024
Dated:
28.06.2024
https://www.mhc.tn.gov.in/judis
