Madras High Court
A.Sunny vs The Director Of School Education on 23 April, 2025
Author: Battu Devanand
Bench: Battu Devanand
W.P(MD)No.11327 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE BATTU DEVANAND
W.P.(MD)No.11327 of 2025
A.Sunny ...Petitioner
Vs.
1.The Director of School Education,
Perasiriyar Anbazhagan Campus
DPI Complex, 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
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, in the nature of 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 01.04.1988 to 04.10.1996 and
disburse arrears of pension from 01.06.2024 onwards.
1
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W.P(MD)No.11327 of 2025
For Petitioner : Mr.E.V.N.Siva
For Respondents : Mr.M.Siddarthan
Additional Government Advocate
ORDER
This Writ Petition has been filed for a Mandamus directing the
respondents herein to re-fix petitioner's pension by counting 50 % of
petitioner's part-time Vocational Instructor service between 01.04.1988 to
04.10.1996 and disburse arrears of pension from 01.06.2024 onwards.
2. It is the case of the petitioner that the petitioner was initially
appointed as Part Time Vocational Instructor at St.Aloysius Higher
Secondary School, Marthandanthurai on 01.04.1988 and his service was
regularized on 05.10.1996. On attaining the age of superannuation, the
petitioner retired from service on 31.05.2024. After his retirement, the
respondents has chosen to disburse pension only for the period of his
regularized service and failed to consider the period of service rendered
by the petitioner as Part Time Vocational Instructor from 01.04.1988 to
04.10.1996. Therefore, the petitioner made a representation on
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03.03.2025 to the respondents. But there was no response. Aggrieved by
the same, the petitioner filed the present writ petition.
3. After prolonged correspondence, the Government of Tamil
Nadu issued G.O.Ms.No.712 dated 28.05.1990 and G.O.Ms.No.834
dated 23.09.1994, G.O.Ms.No.221 dated 15.07.1999 regularising the
services of Vocational Instructors.
4. It is the further case of the petitioner that the petitioner rendered
service for 36 years and 2 months i.e. from 01.04.1988 to 31.05.2024. In
the said spell, the period rendered after regularization comes to 27 years
and 7 months 27 days i.e. from 05.10.1996 to 31.05.2024 and the service
rendered in consolidated pay comes to 8 years & 6 months & 4 days i.e.
from 01.04.1988 to 04.10.1996. The services rendered in the regular time
scale of pay i.e. from 05.10.1996 to 31.05.2024 alone has been taken as
qualifying service, the services of 8 years & 6 months & 4 days in
consolidated pay for a period from 01.04.1988 to 04.10.1996 has not
been taken as qualifying service for pensionary benefits, which is
arbitrary and discriminatory.
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5. The Division Bench of this Court in W.A.No.1702 of 2010,
dated 29.09.2010 held that the Vocational Instructors like the deceased
Government Servant are 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 pensionay benefits, along with the regular service. In the said
Government Order, it is stated that since the employees covered under
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 relaxation is 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
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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.
7. Heard the learned counsel for the petitioner and the learned
Additional Government Pleader appearing for the respondents.
8. Admittedly, the petitioner was appointed as Part Time Vocational
Instructor on 01.04.1988 and his services were regularized with effect
from 05.10.1996. He retired from service on attaining the age of
superannuation on 31.05.2024.
9. 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
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Time Vocational Instructor for the purpose of calculating qualifying
service for pensionary benefits or not.
10. 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 decision has attained finality.
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11. 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 computing pension and other
retirement benefits. The said judgment has also attained finality.
12. In the present case also, the petitioner worked as Part Time
Vocational Instructor from 01.04.1988 to 04.10.1996 and thereafter, his
services were regularized with effect from 05.10.1996. 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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13. 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 01.04.1988 to 04.10.1996 as Part
Time Vocational Instructor along with regular service from
05.10.1996 to 31.05.2024 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.
14. No costs.
23.04.2025
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
SN
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To,
1.The Director of School Education,
Perasiriyar Anbazhagan Campus
DPI Complex, 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.
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BATTU DEVANAND, J.
SN
23.04.2025
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