Madras High Court
R. Chellapandian vs The Government Of Tamil Nadu on 19 October, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.1359 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.1359 of 2024
and
W.M.P(MD) No.1408 of 2024
R. Chellapandian ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Represented by its Secretary,
Department of Education,
St.George Fort, Chennai.
2. The Director of School Education,
College Road,
Chennai – 9.
3. The Chief Educational Officer,
Tirunelveli,
Tirunelveli District.
4. The District Educational Officer,
Cheranmahadevi,
Tirunelveli District.
5. The Correspondent,
Senaithalaivar Higher Secondary School,
Vickirasingapuram,
Ambasamuthiram,
Tirunelveli.
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.1359 of 2024
6. The Accountant General,
Office of Accountant General,
361, Annasalai, Chennai. ... 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 sixth respondent in No.P25/
12524083/2/PPO.No.R2524083, dated 17.08.2022 and consequently direct
the respondent to revise the pension pay by calculating the pension for 27
years 11 months 19 days, instead of 19 years 2 months 29 days and disburse
arrears and all other benefits within stipulated period as fixed by this Court.
For Petitioner : Mr.S.Chellapandian
For R1 to R4 : Mr.N.Satheesh Kumar
Additional Government Pleader
For R5 : No appearance
For R6 : Mr.P.Gunasekaran
Standing Counsel
ORDER
The instant Writ Petition has been filed by a retired Secondary Grade
Teacher, challenging the order passed by the sixth respondent, wherein the
service of the writ petitioner before successfully completing Child
Psychology Course was not taken into consideration for the purposes of
calculating pension.
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2. The petitioner after having acquired qualification to be appointed as
B.T.Assistant Teacher, without Certificate of the said Child Psychology
Course was appointed as a Secondary Grade Teacher. The petitioner has
completed the Certificate Course in Child Psychology only on 31.05.2003.
Based upon G.O.(Ms) No.155, School Education Department, dated
03.10.2002, the sixth respondent had excluded the services of the petitioner
prior to the passing of the Child Psychology Course for the purposes of
calculating pension. This order is under challenge in the present writ petition.
3. According to the learned counsel appearing for the writ petitioner,
G.O.(Ms) No.155, School Education Department, dated 03.10.2002 was put
to challenge before this Court and this Court, by an order, dated 02.04.2004
has upheld the said Government Order, but, directed the authorities to count
the past services for the purposes of pension and therefore, the sixth
respondent was not right in excluding the said period.
4. Per contra, the learned Additional Government Pleader appearing for
the respondents 1 to 4 as well as the learned counsel appearing for the sixth
respondent had contended that in view of Clause 8 of G.O(Ms) No.155,
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School Education Department, dated 03.10.2002, the period during which the
petitioner is not having the qualification of Child Psychology Certificate,
cannot be considered for any purposes including pension.
5. I have carefully considered the submissions made by the learned
counsel on either side and perused the materials available on record.
6. In the judgment of the Hon'ble Division Bench of our High Court in
W.A.No.249 of 2002, dated 02.04.2004 (The State of Tamil Nadu,
Represented by its Secretary, Education Department Vs. Pallivasal Primary
School, Represented by its Correspondent, Mudukulathur), in Paragraph
No.8, it is 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
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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.”
7. 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 granted for the purposes of pension.
8. In such circumstances, the order of the sixth respondent excluding
the said period for the purposes of calculating pension is not legally
sustainable and therefore, the order impugned in the writ petition is set aside
and the sixth respondent is directed to calculate the period between
11.03.1996 and 31.05.1993 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.
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9. 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.
19.10.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
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To
1. The Secretary,
Department of Education,
St.George Fort, Chennai.
2. The Director of School Education,
College Road,
Chennai – 9.
3. The Chief Educational Officer,
Tirunelveli,
Tirunelveli District.
4. The District Educational Officer,
Cheranmahadevi,
Tirunelveli District.
5. The Correspondent,
Senaithalaivar Higher Secondary School,
https://www.mhc.tn.gov.in/judis
Vickirasingapuram,
Ambasamuthiram,
Tirunelveli.
6. The Accountant General,
Office of Accountant General,
361, Annasalai, Chennai.
R.VIJAYAKUMAR,J.
https://www.mhc.tn.gov.in/judis
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19.10.2024
https://www.mhc.tn.gov.in/judis
