Madras High Court
K.Thirumurugan vs The Accountant General on 13 November, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.4968 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.4968 of 2024
and
W.M.P(MD) No.4742 of 2024
K.Thirumurugan ... Petitioner
Vs.
1. The Accountant General,
Office of the Accountant General,
361, Annasalai, Chennai.
2. The Chief Educational Officer,
Tenkasi, Tenkasi District.
3. The District Educational Officer,
Tenkasi,
Tenkasi District.
4. The Correspondent,
Muslim Higher Secondary School,
Vadakarai – 627 812,
Senkottai – Taluk,
Tenkasi District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order of the first respondent in
1/7
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W.P.(MD).No.4968 of 2024
No.P23/12329105/4/R2329105, dated 12.12.2023 in so far as calculating the
pension for 20 years 1 month 0 days of service as illegal and quash the same
and consequently direct the respondent to revise the pension pay by taking the
qualifying service as 24 Years 10 Months 28 days instead of 20 years 1 Month
0 days and disburse arrears and all other monitory benefits within stipulated
period as fixed by this Court.
For Petitioner : Mr.S.Chellapandian
For R1 : Mrs.S.Mahalakshmi
Standing Counsel
For R2 and R3 : Mr.T.Amjadkhan
Government Advocate
ORDER
The instant writ petition has been filed by a retired B.T.Assistant
Teacher, challenging the order passed by the first respondent, dated
12.12.2023, wherein the period during which the petitioner had not completed
Child Psychology Certificate has been excluded for reckoning pensionable
service.
2. The petitioner herein, who had the qualification of B.Ed., was
appointed as a Secondary Grade Teacher in an aided minority institution on
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03.08.1997. His appointment was approved by the authorities on 27.03.1998.
Later, it was found that the petitioner having not undergone child psychology
training, and he was directed to undergo the said training.
3. The petitioner has undergone child psychology training between
02.05.2003 and 31.05.2003. Thereafter, the petitioner was promoted as
B.T.Assistant and retired from service on 30.06.2023.
4. The educational authorities after calculating the pensionable service
from 03.08.1997 have forwarded the pension proposals to the first respondent
herein. Under the impugned order, the first respondent had calculated the
pensionable service excluding the period between 03.08.1997 and 31.05.2003
on the ground that the petitioner was not qualified to hold the post of
Secondary Grade Teacher, having not passed child psychology training. This
order is under challenge in the present writ petition.
5. The Hon'ble Division Bench of our High Court, while considering
the validity of G.O.(Ms) No.155, School Education Department, dated
03.10.2002, in the judgment in W.A.No.249 of 2002, dated 02.04.2004 (The
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State of Tamil Nadu, Represented by its Secretary, Education Department
Vs. Pallivasal Primary School, Represented by its Correspondent,
Mudukulathur), in Paragraph No.8, has held as follows:
“...... 8. Their right to be regarded as persons
eligible for confirmation/approval can be said to
arise only after they acquired, after their training, a
minimum prescribed qualification. The Government
here has shown great concession to them by
allowing them to retain their position even without
obtaining the requisite diploma or certificate in
child psychology by giving to them training in child
psychology. We seek nothing wrong in the
Government directing that their
approval/confirmation can only be on and after the
date they complete the training. Their past service
however shall count for pension.”
6. In view of the judgment of the Hon'ble Division Bench of our High
Court, it is clear that though the period during which the petitioner is not
possessing the Child Psychology Certificate cannot be considered for any
purpose, the same could be counted for the purposes of pension.
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7. In view of the above legal position, the first respondent herein was
not right in excluding the period between 03.08.1997 and 31.05.2003 for the
purposes of calculating pension. Therefore, the impugned order is liable to be
set aside and it is accordingly set aside. The respondents herein are directed to
calculate the period between 03.08.1997 and 31.05.2003 as pensionable
service and calculate the pension and disburse the benefits within a period of
twelve weeks from the date of receipt of a copy of this order.
8. With the above said observations, this Writ Petition stands allowed to
the extent as stated above. There shall be no order as to costs. Consequently
connected Miscellaneous Petition stands closed.
13.11.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
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To
1. The Accountant General,
Office of the Accountant General,
361, Annasalai, Chennai.
2. The Chief Educational Officer,
Tenkasi, Tenkasi District.
3. The District Educational Officer,
Tenkasi,
Tenkasi District.
4. The Correspondent,
Muslim Higher Secondary School,
Vadakarai – 627 812,
Senkottai – Taluk,
Tenkasi District.
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R.VIJAYAKUMAR,J.
ebsi
13.11.2024
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