Madras High Court

S.Parimalarkkan vs The State Of Tamilnadu on 14 March, 2025

Author: Battu Devanand

Bench: Battu Devanand

                                                                                    W.P.(MD)No.6825 of 2025

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 14.03.2025

                                                      CORAM

                              THE HONOURABLE MR.JUSTICE BATTU DEVANAND

                                          W.P.(MD)No.6825 of 2025

                S.Parimalarkkan                                                           ... 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,
                  O/o.The District Educational Officer,
                  Melur, Madurai 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 20.09.1996 along with
                regular service for the pension benefits 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.



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                                                                                         W.P.(MD)No.6825 of 2025

                                       For Petitioner           : Mr.R.Saravanan

                                       For Respondents          : Mr.T.Amjad Khan
                                                                  Government Advocate

                                                      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 20.09.1996 to 09.06.2002 along with regular service for the

pension benefits.

2. The petitioner was initially appointed on 20.09.1996 as Double part

time vocational Teacher and continued in the said post till 09.06.2002

Subsequently, his service was regularized and retired from service on

31.03.2017.

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. She was paid a meagre sum of Rs.300/-,

but they extracted work from her 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 she rendered continuous

service from initial appointment in the sanctioned post with necessary

qualification till regularization, her service for the period from 20.09.1996 to

09.06.2002 as double part time vocational Teacher 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 teacher, which involved full day service. Hence,

relaxation is not necessary and she 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 Government Advocate 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 20.09.1996 to

09.06.2002 as qualifying service for the pensionary benefits.

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

Government Advocate for the respondents.

9. Admittedly, the petitioner was initially appointed on 20.09.1996 as

double part time vocational Teacher and continued as double part time

vocational Teacher till 09.06.2002. Thereafter, her service was regularized and

she retired from service on attaining the age of superannuation on 31.03.2017.

After retirement, the petitioner is getting her 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 double Part Time

Vocational Instructor from 20.09.1996 to 09.06.2002 and thereafter, she 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 her 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 20.09.1996 to 09.06.2002 as double

Part Time Vocational Instructor along with regular service as full

time Vocational Instructor from 10.06.2002 to 31.03.2017 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.