Madras High Court
I.Chandrakumar vs The Government Of Tamil Nadu on 17 October, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.21393 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.10.2024
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.21393 of 2017
I.Chandrakumar ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. by the Secretary to Government,
School Education Department,
Fort St.George, Secretariat,
Chennai - 600 009.
2.The Director of School Education,
College Road,
Chennai - 600 006.
3.The Chief Educational Officer,
Thirunelveli,
Thirunelveli District.
4.The District Educational Officer,
Thirunelveli,
Thirunelveli District.
5.The Accountant General,
Anna Salai,
Chennai.
6.The Correspondent,
Schaffter Higher Secondary School,
Thirunelveli. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
1/6
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W.P.(MD)No.21393 of 2017
issuance of Writ of Certiorarified Mandamus, to call for the records passed by
the fifth respondent herein in No.Pension 25/1/Pt6632/52710, dated 04.09.2017
and quash the same and consequently direct the respondents herein to include
50% of the service rendered by the petitioner from 09.11.1978 to 31.03.1990 in
the post of part time and double part time Vocational Instructor in the net
qualifying service for computing pension.
For Petitioner : Mr.M.Padmavathy
For R-1 to R-4 : Mr.T.Amjad Khan,
Government Advocate
For R-5 : Mr.P.Gunasekaran
For R-6 : No Appearance
ORDER
This Writ Petition has been filed challenging the order dated 04.09.2017
passed by the fifth respondent rejecting the petitioner’s request to include 50%
of the service rendered by him from 09.11.1978 to 31.03.1990 in the post of part
time and double part time Vocational Instructor in the net qualifying service for
computing pension on the ground that the request made by the petitioner is not
as per the Pension Rules.
2. Both the learned counsel appearing for the petitioner as well as the
learned Standing Counsel appearing for the fifth respondent would now submit
that the law is well settled by various decisions of this Court including the
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Judgment of the Division Bench dated 26.03.2019 rendered in W.A.No.980 of
2019 in the case of the Secretary to Government, State of Tamil Nadu,
Finance Department, Secretariat, Fort St.George, Chennai-600 009 and
others Vs. M.Nagarasan and others, wherein, it has been held that the period
of service rendered by the Vocational Instructors prior to the date of their
regularization on single part time basis shall be taken into account for the
purpose of reckoning their qualifying service for eligibility of pension and the
said order was also accepted and implemented by the respondents in G.O.
(Ms).No.194, School Education (SE7-1) Department, dated 12.09.2018, issued
by the Government of Tamil Nadu.
3. Learned counsel appearing for the petitioner would submit that insofar
as the petitioner’s case is concerned, G.O.(Ms).No.194, School Education
(SE7-1) Department, dated 12.09.2018, issued by the Government of Tamil
Nadu has not been implemented.
4. In view of the well settled law as referred to supra, the petitioner is
entitled for the relief as sought for in this Writ Petition and necessarily, the
impugned order dated 04.09.2017, passed by the fifth respondent, has to be
quashed and the Writ Petition will have to be allowed.
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5. Accordingly, the impugned order dated 04.09.2017, passed by the fifth
respondent, is hereby quashed and the Writ Petition is allowed by directing the
third respondent to include 50% of the service rendered by the petitioner as
Vocational Instructor from 09.11.1978 to 31.03.1990 in the post of part time
basis for the purpose of reckoning their qualifying service for eligibility of
pension for the petitioner within a period of twelve weeks from the date of
receipt of a copy of this order. After such inclusion of the petitioner’s service,
the third respondent is directed to forward the proposal to the first respondent
within a period of two weeks thereafter and on receipt of the same, the first
respondent is directed to forward the said proposal to the fifth respondent and
the fifth respondent is directed to pass final orders on such proposal on merits
and in accordance with law, within a period of two weeks thereafter. No costs.
17.10.2024
NCC:yes/no
Index:yes/no
Internet:yes/no
TSG
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To
1.The Secretary to Government,
Government of Tamil Nadu,
the School Education Department,
Fort St.George, Secretariat,
Chennai - 600 009.
2.The Director of School Education,
College Road,
Chennai - 600 006.
3.The Chief Educational Officer,
Thirunelveli,
Thirunelveli District.
4.The District Educational Officer,
Thirunelveli,
Thirunelveli District.
5.The Accountant General,
Anna Salai,
Chennai.
6.The Correspondent,
Schaffter Higher Secondary School,
Thirunelveli.
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ABDUL QUDDHOSE, J.
TSG
17.10.2024
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