Madras High Court

R.Gilfred John vs The State Of Tamilnadu on 7 April, 2025

Author: Battu Devanand

Bench: Battu Devanand

                                                                                     W.P.(MD)No.9669 of 2025

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 07.04.2025

                                                       CORAM

                              THE HONOURABLE MR.JUSTICE BATTU DEVANAND

                                           W.P.(MD)No.9669 of 2025

                R.Gilfred John                                                             ... Petitioner

                                                            Vs.

                1.The State of Tamilnadu,
                  Rep by its Principal Secretary
                  Department of School Education,
                  Fort St.George,
                  Chennai – 9.

                2.The Joint Director (Vocational) of School Education,
                  College Road,
                  Chennai – 06.

                3.The District Educational Officer,
                  (Secondary Grade),
                  Marthandam,
                  Kanyakumari District.                                                   ... Respondents


                PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                issuance of Writ of Mandamus, directing the respondents to take 50% of the
                part time service rendered by the petitioner I.e., from 27.06.1979 to 04.10.1996
                along with regular service for the pension benefits I.e. for the period of 22 years
                01 month 15 days based on the common judgment passed by the Division
                Bench of this Court in W.A(MD)Nos.347 and 526 of 2020, dated 20.04.2023.

                1/10




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                                                                                         W.P.(MD)No.9669 of 2025

                                       For Petitioner           : Mr.R.Saravanan

                                       For Respondents   : Mr.M.Siddharthan
                                                           Additional Government Pleader
                                                      ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus

directing the respondents to take 50% of the part time service rendered by the

petitioner i.e., from 27.06.1979 to 04.10.1996 along with regular service for the

pension benefits.

2. The petitioner was initially appointed on 27.06.1979 as single part time

vocational instructor and double part time vocational instructor on 01.07.1987

and continued as double part time vocational instructor till 04.10.1996.

Subsequently, his service was regularized on 05.10.1996 and he retired from

service on 31.03.2010.

3. It is the case of the petitioner that the nature of performance of duties

and responsibility of vocational teacher involves whole time employment only.

The post of vocational teachers, though initially termed as part-time, required

whole time service only, as they were performing all the duties and

responsibilities like conducting academic classes, practicals, supervision of

Government examinations, maintenance of records and valuation, election duty

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etc, as any other category of teachers. He was paid a meagre sum of Rs.300/-,

but they extracted work from him like any other regular teachers. After

prolonged correspondence, the petitioner was brought on time scale of pay vide

G.O.Ms.No.712 dated 28.05.1990.

4. The grievance of the petitioner is that though he rendered continuous

service from initial appointment in the sanctioned post with necessary

qualification till regularization, his service for the period from 27.06.1979 to

04.10.1996 as single and double part time vocational instructor has not been

taken as qualifying service for pensionary benefits. The services rendered in the

regular time scale of pay alone has been taken as qualifying service, which is

arbitrary and discriminatory.

5. It is further stated that the issue was already considered by a Division

Bench of this Court in W.A.No.1702 of 2010, dated 29.09.2010 and held that

the Vocational Instructor like the petitioner is entitled for counting 50% of part

time service towards the pensionary benefits. In compliance of the said order,

the Government of Tamil Nadu passed G.O.Ms.No.130 dated 18.07.2013 and

G.O.Ms.No.134 dated 22.07.2013, which provides for counting of 50% of

service in part time vocational instructor post as qualifying service towards the

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pensionay benefits, along with the regular service. In the said Government

Order, it is stated that since the employees covered under the above said

Government Orders are Part Time Vocational Instructors, one of the condition

in G.O.Ms.No.408 dated 25.08.2009 is relaxed i.e., the condition which says

that employment should be for whole time. In this case, the petitioner is a

double part time vocational instructor, which involved full day service. Hence,

relaxation is not necessary and he is entitled to count 50% of part time service

towards pensionary benefits as qualifying service.

6. The Division Bench of this Court in W.A.No.359 of 2015 has held that

double part time vocational instructor's post is a full time employment and the

double part time vocational instructors are entitled to count 50% of service

along with the regular service. A Division Bench of Madurai Bench of Madras

High Court in W.A.(MD).No.392 of 2017 has held that the single and double

part time vocational instructor has to be treated equally and that the post of

single part time is a full time employment and the single and double part time

vocational instructors are entitled to count 50% of service rendered on

consolidated pay along with the regular service for the purpose of pensionary

benefits. Hence, the present Writ Petition.

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7. The learned Additional Government Pleader appearing for the

respondents submitted that the petitioner was appointed only as a part-time

Vocational Instructor on a honorarium pay system and not a full time instructor

on consolidated pay system. Since the petitioner was working as part-time

Vocational Teacher just for two hours per day and not working as full time

employee on consolidated pay and further the petitioner has not made any claim

for counting 50% of his services rendered as part time vocational instructor, she

is not entitled for counting 50% of his services between 27.06.1979 to

04.10.1996 as qualifying service for the pensionary benefits.

8. Heard the learned counsel for the petitioner and the learned Additional

Government Pleader for the respondents.

9. Admittedly, the petitioner was initially appointed on 27.06.1979 as

single part time vocational instructor and continued as double part time

vocational teacher till 04.10.1996. Thereafter, his service was regularized and

he retired from service on attaining the age of superannuation on 31.03.2010.

After retirement, the petitioner is getting his pensionary benefits.

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10. The issue involved in this Writ Petition is that as to whether the

petitioner is entitled to the benefit of 50% of services rendered as Part Time

Vocational Instructor for the purpose of calculating qualifying service for

pensionary benefits or not.

11. In fact, the issue involved in this Writ Petition was already dealt by

this Court on several occasions and rendered judgments in favour of the

employees and those decisions had attained finality. The Division Bench of this

Court by its judgment dated 16.03.2015 in W.A.No.359 of 2015 made a detailed

analysis of the relevant Government Orders and arrived at a conclusion that the

Double Part Time Vocational Instructors are entitled for 50% of the services

rendered by them and the same shall be counted for the purpose of computing

pension and other retirement benefits. In respect of Single Part Time Vocational

Instructors, a Division Bench of this Court by its judgment dated 21.04.2017 in

WA.(MD).No.392 of 2017 held that Single Part Time Vocational Instructors

should be treated equally with the double part time teachers and all benefits that

were given to the Double Part Time Vocational Instructors should be extended

to the Single Part Time Vocational Instructors as well. The said decisions have

attained finality.

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12. Having taken into consideration of the relevant facts, Government

Orders and judgments of this Court, a Division Bench of this Court by its

judgment dated 06.04.2018 in WA.Nos.882 of 2017 and batch held that Part

Time Vocational Instructors (either Single or Double Part Time Vocational

Instructors) are entitled for counting 50% of services rendered by them for the

purpose of computing pension and other retirement benefits. The said judgment

has also attained finality.

13. In the present case also, the petitioner worked as Part Time

Vocational Instructor from 27.06.1979 to 04.10.1996 and thereafter, he was

absorbed as full time Vocational Instructor. Therefore, this Court taking into

consideration of the orders issued by the Government in favour of the similarly

situated persons, wherein 50% of the part time service rendered by them was

counted with regular service for the purpose of pensionary benefits and also by

following the judgments rendered by several Division Benches on this aspect as

stated supra, holds that the respondents have to count 50% of the part time

services rendered by the petitioner with the regular service for the purpose of

pensionary benefits.

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14. Therefore, the respondents have to pay the arrears of pension to the

petitioner by counting 50% of the services rendered by him as Part Time

Vocational Instructor.

15. With the aforesaid observations, this Writ Petition is allowed with the

following directions:

The respondents are directed to count 50% of the services of

the petitioner for a period from 27.06.1979 to 04.10.1996 as single

and double Part Time Vocational Instructor along with regular

service as full time Vocational Instructor from 05.10.1996 to

31.03.2010 as qualifying service and fix pensionary benefits and

grant arrears of pension and other pensionary benefits to the

petitioner within a period of eight weeks from the date of receipt of a

copy of this order.

No costs.

07.04.2025

NCC:yes/no Index:yes/no Internet:yes/no Sn

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