Shahila Begum.M v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 19.09.2023 PRONOUNCED ON : .11.2023 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

19197, 21130, 21380, 18385, 12810, 22324, 10925, 12809, 21477, 16971, 12745, 12808, 12811 & 22389 of 2023, 17727 & 17772 of 2020 & 11931 of 2021 (28 cases) and W.M.P(MD)No.9568 of 2023 W.P(MD)No.17811 of 2023:-

1.M.Shahila Begum

2.S.Sakthivel

3.S.Rajkumar

4.S.Monica ... Petitioners Vs.

1.M.Shahila Begum

2.S.Sakthivel

3.S.Rajkumar

4.S.Monica ... Petitioners Vs.

1.The State of Tamil Nadu, Represented by its Secretary to Government, School Education Department, Secretariat, Chennai – 9.

2.The Director of School Education, D.P.I Campus, College Road, Chennai.

3.The Accountant General (Accounts and Entitlements), Accountant General Department, Chennai – 600 18.

4.The Chief Educational Officer, Madurai, Madurai District.

5.The Chief Educational Officer, Trichy, Trichy District.

6.The Chief Educational Officer, Virudhunagar, Virudhunagar District.

7.The District Educational Officer (Secondary), Sivakasi, Virudhunagar District.

8.The District Educational Officer (Secondary), Lalgudi, Trichy District.

9.The District Educational Officer (Secondary), Madurai, Madurai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to take 50% of service rendered by the first petitioner as part

time vocational instructors drawing consolidated pay between

20.09.1996 to 09.06.2002 along with regular service from 10.06.2002 and the service rendered by the second petitioner as part time vocational instructors drawing consolidated pay between 20.09.1996 to 09.06.2002 along with regular service from 10.06.2002 and the service rendered by the third petitioner as part time vocational instructors drawing consolidated pay between 30.09.1985 to

15.10.1992 along with regular service from 16.10.1992 and the service rendered by the fourth petitioner as part time vocational instructors drawing consolidated pay between 06.01.1987 to

15.10.1992 along with regular service om 16.10.1992 for calculating the qualifying service, for the purpose of pension and the quantum of pension under Rule 43(2) of the Tamil Nadu Pension Rules and to sanction pension and other pensionary benefits and also to pay arrears within the time limit fixed by this Court. For Petitioner : Mr.V.Uthayakumar

For RR 1, 2 & 4 to 9 : Mr.R.Baskaran Additional Advocate General Assisted by Mr.N.Ramesh Arumugam Government Advocate For R – 3 : Ms.S.Mahalakshmi

COMMON ORDER The relief sought for in the above Writ Petitions are for directions to direct the respondents to take into account 50% of the services rendered by the writ petitioners as part-time Vocational Instructors from the date of initial appointment till the date of regularisation for the purpose of retirement benefits, including pensionary benefits.

2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.The petitioners are Vocational teachers and the above Writ Petitions are filed for counting 50% of the past services from the initial date of appointment till the time scale of pay was given for retirement benefits. A batch of Writ Petitions were allowed which were confirmed by the Hon'ble Division Bench of this Court and the Government also issued orders granting such benefits.

4.However following the mandates of G.O.Ms.No.194,

School Education (SE7-1) Department, dated 12.09.2018, Writ Appeal No.882 of 2017 etc., batch, dated 06.04.2018 was disposed of in which it was held that only those Vocational teachers whose Writ Petitions were allowed or pending as on 06.04.2018 are eligible to get the same and not to other teachers, who approached this Court after

06.04.2018.

5.Rule 11(4) of the Tamil Nadu Pension Rules 1978 has specifically declared that 50% of the past service rendered by the employees, who were initially appointed in consolidated pay and who were brought in regular service before 01.04.2003, shall be counted for retirement benefits along with regular service, since the petitioners/Vocational teachers, after appointment, were working continuously and handling the vocational subject for the higher secondary stream, involving whole-time employment. The petitioners who were continuously in service on consolidated pay from the date of initial appointment till regularisation deserve 50% of such service rendered by them for calculating their retirement benefits. This Court in its order passed in WA(MD)No.392 of 2017 etc., batch has recognized that the vocational teachers deserve 50% of such service

rendered by them for calculating the retirement benefits. But the Government vide G.O.Ms.No.194, School Education (SE7-1) Department, dated 12.09.2018, granted benefits to only those teachers who filed Writ Petitions/Writ Appeals which were either allowed or which were pending as on 06.04.2018. Thus, the benefits were restricted only to those teachers who approached this Court prior to 06.04.2018 and the Government denied the same benefit to the others, who were similarly placed. This arbitrary and discriminatory action of the Government is violative of Article 14 of the Constitution of India resulted in juniors getting more pension than seniors.

6.Though the Writ Petitioners herein have belatedly approached this Court ie., after 06.04.2018, 50% of service rendered by them as part-time Vocational Instructors either as single part-time or double part-time has to be counted for the purpose of computing pension and other retiral benefits.

7.It is needless to say that the writ petitioners herein after being appointed as Vocational teachers were working continuously and handling the Vocational subject for higher secondary stream involving

whole-time employment. That apart, as observed in W.P(MD)No.392 of 2017 etc., batch, dated 21.04.2017 and by virtue of G.O.Ms.No.408, dated 25.08.2009 and G.O.Ms.No.118, dated 14.02.1996, the petitioners employment being whole time employment were brought in regular service before 01.04.2003. Therefore, 50% of their past service shall be counted for retirement benefits along with regular service.

8.The Hon'ble Division Bench of this Court in W.A.Nos.882 of 2017 etc., batch, dated 06.04.2018, disposed of those writ appeals directing to count 50% of the services rendered by Vocational teachers as part-time Vocational Instructors (either as single part-time or double part-time Vocational Instructor) for the purpose of computing pension and other retirement benefits. In addition to that, the said benefit was extended by the Hon'ble Division Bench of this Court not only to the Vocational teachers who were parties to those writ appeals but also for all those persons who are similarly situated like that of those Vocational teachers and whose cases were pending. But the Hon'ble Division Bench of this Court in the aforesaid Judgment included a rider making it clear that the said

benefits shall not be extended to any other future cases that may be filed on this account on the ground of delay and laches since all along they have not come up before this Court and remained as fence-sitters. However, the Hon'ble Division Bench of this Court in W.A(MD)Nos.2133 of 2019 etc., batch, dated 03.03.2023, relied upon the order passed by this Court in W.P(MD)No.14365 of 2014 in the case of A.Ramalingam Vs. The State of Tamil Nadu and others and the relevant portion of which is extracted as follows: ''Para19. Further, it is a settled proposition of law that, in service matters, if the similarly placed persons, who are entitled to get the benefit under law, having been denied the benefit, even though in this regard already a decision has been rendered by the Court of law and the same is implemented, the very same relief shall also be extended to all similarly placed persons irrespective of the fact, whether they approached the Court or not, if the law declared by the Court is a judgement in rem. Para 21. Moreover, the cause of action arose in these kind of cases are continuous cause of action as each of the petitioners, who are the erstwhile employees of the respective employer/State would be entitled to get the pensionary benefits till their lifetime. Thereafter, the legal heirs would be entitled to get the

family pension benefits. Para 41. If the said principle is applied to the facts of the present case, except the decision dated

06.04.2018 of a Division Bench of this Court, no other Division Bench either prior to or after to that, has taken any different view, as the one taken in the said judgment and in all other Division Bench judgments, a uniform and consistent stand taken by this Court was that, the benefit of taking into account 50% of the services rendered by the employees before they brought into regular service shall be the basis for calculating for the purpose of pension and retiral benefits. Even in the said judgment dated 06.04.2018 in W.A.No.882/2017, that view was accepted and endorsed by the said Division Bench also, but the only embargo the Division Bench has put in that, the said benefit cannot be extended to those who come to the Court hereafter. In order to meet out the said embargo, the aforesaid judgments of the Hon'ble Apex Court, as referred to above, with regard to the continuous cause of action and the benefit, which has been declared by the Court through a judgment in rem has to be extended to similarly placed persons, had been quoted. ''Para 44. In view of the aforesaid judgments, wherein the issue as has been put forth by the learned counsel for the petitioners, having been dealt with and decided more than once by the Writ

Court and the same has been confirmed by the Division Bench of this Court more than once and in cases, where SLP preferred before the Hon'ble Supreme Court, wherein also the view taken by this Court has been confirmed, all these petitioners are entitled to, for calculating 50% of the past services, rendered by each of the petitioners in the respective employment before they got absorbed by bringing them under the time scale of pay irrespective of the years of service, for the purpose of pensionary benefits. Hence, these petitioners also shall be entitled to get the same benefits and accordingly, all these writ petitions are fit to succeed. Para 45. In the result, these writ petitions are allowed and the respective respondents in each of the writ petitions are hereby directed to take into account the 50% of the past services rendered by each of the petitioners either as Vocational Instructors or any other employment either as a Part Time / Full time / adhoc / temporary / daily wages employees before they brought in under the regular time scale of pay on permanent basis or absorption and by calculating the said 50% of their past service, pension eligibility and pension enhancement or difference of pay and pension shall be calculated and disbursed in favour of the respective petitioners. After fixing the revised pension by taking into account the past 50% services, the

revised pension arrears shall be calculated and to be disbursed to the petitioners within a period of 12 weeks from the date of receipt of a copy of this order. It is needless to mention that the petitioners shall continue to receive the revised pension.'

9.The Hon'ble Division Bench of this Court in the aforesaid batch of Writ Appeals held that though the writ petitioners have approached the Court with a few months delay and it is not in dispute that for the purpose of fixation of the cut-off date they would be entitled to the benefits of service rendered by them as Vocational teachers. Recording the fact that the persons similarly placed have been granted the benefits by referring to various judgments of the Honourable Apex Court and the Hon'ble Division Bench of this Court held that the respondent officials cannot deny the lawful right of the petitioners which have already accrued to them and has been continuously accruing and concluded that restricting the benefits only to those petitioners who approached this Court prayer to 06.04.2018 and denying the benefit to the petitioners who are similarly placed is unreasonable and arbitrary.

10.In yet another case in a batch of Writ Appeals in W.A.Nos.2907 of 2019 etc. batch, the Hon'ble Division Bench of this Court by order dated 29.08.2023 has dealt with the similar matter and the relevant portion of which is extracted as follows:- "5. Further, recently a Division Bench of this Court in a batch of writ appeals in W.A.Nos.2133 of 2019, dated 03.03.2023 had approved the view taken by one us (Mr.R.SURESH KUMAR, J.), the relevant portion of the judgment is extracted hereunder: "8. No doubt, the writ petitioners have approached the Court with few months delay and it is not in dispute, that, but for the fixation of cut-off date, they would have been entitled to the benefits of service rendered by them as vocational teachers. The learned Single Judge in the common order in W.P.No. 14365 of 2014 dated 09.07.2018 had also referred the common judgment dated 06.04.2018 made in W.A.No.882 of 2017 etc., and having noted the fact that persons similarly placed have been granted the benefits by referring to various judgments of the Hon'ble Supreme Court of India had held that the petitioners in those writ petitions

are also entitled to such benefits. Therefore, the principle as enunciated in the above said order is that, the respondents/officials cannot deny the lawful right of the appellants/petitioners herein, which have already accrued to them and has been continuously accruing. Therefore, restricting the benefits only to those petitioners who approached this Court prior to

06.04.2018 and denying the same to the appellants/petitioners who are similarly placed is unreasonable, arbitrary and violative of the Article 14 of the Constitution of India.

9.Further more, the learned counsel appearing for the appellants/petitioners would submit that the writ petitions filed by the appellants/petitioners were disposed, following the G.O.Ms.No.194 dated 12.09.2018. However, a Writ petition in W.P.(MD).No.22785 of 2019 etc. batch dated 05.11.2019 was filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned G.O.Ms. No.194, dated 12.09.2018 issued by the first respondent and quash the same with regard to the cutoff date i.e., 06.04.2018 and directing the respondents to take the 50% of the part time service rendered by the petitioner in that writ petition.

10.The observation made in the W.P.

(MD).No.22785 of 2019 etc., batch is extracted as hereunder: ''Placing reliance on the observation made in W.P.(MD).No.14365 of 2014 etc., batch, this Court has passed the following order :

6.The learned counsels for the petitioners would submit that, the issue raised in this batch of cases is covered by number of orders passed by this Court. They also submitted that, the decisions rendered by the learned Single Judge of this Court, had been upheld by a Division Bench of this Court, where also, the said view taken by the Writ Court had been confirmed and in some of the cases the matters were taken up to the Hon'ble Supreme Court, where also, the view taken by this Court directing the official respondents to calculate the 50% of the services temporarily rendered by the similarly placed persons for the purpose of their pensionary benefits, had been affirmed and upheld and the orders have also been complied with by issuing Government Orders in this regard. All those, who have already filed writ petitions and got orders for recalculating the pension, are fully eligible for pension by taking into account their 50% of the past services rendered by them before their absorption."

¶11Therefore, the respondents cannot deny the lawful right of the appellants/petitioners herein by virtue of G.O.Ms.No.194 dated 12.09.2018 for the reason that the cut-off date in the said G.O has been quashed in the above mentioned writ petitions. Therefore, the objections raised by the respondent/officials are liable to be rejected, accordingly

they

are

rejected.

The appellants/petitioners are entitled to, for calculating 50% of the past services, rendered by each of the petitioner in the respective employment before they got absorbed by bringing them under the time scale of pay irrespective of the years of service, for the purpose of pensionary benefits. Accordingly, this point is answered.

12.In the result, these writ appeals are allowed subject to the above observations, setting aside the orders in all the writ petitions mentioned above. Consequently, connected writ petitions are allowed. The respective respondents in each of the writ appeals/writ petitions are hereby directed, after fixing the revised pension by taking into account the past 50% services, the revised pension arrears shall be calculated and to be disbursed to the appellants/petitioners within a period of twelve weeks from the date of receipt of a copy of this

order. No costs.

¶6The Government after taking into consideration of various subsequent judgments had issued

G.O.Ms.No.127,

School Education(gf(7)1)Department, dated 12.07.2023, wherein the Government had directed to take into account the 50% of service that has been rendered as part time Vocational Instructors from the date of initial appointment till the date of regularization in respect of 563 persons who had approached the Court after 06.04.2018. The relevant portion of the Government order is extracted hereunder: "6.nkw;fz;l NH;epiyapy; khz;gik brd;id cah;ePjpkd;wk; kw;Wk; brd;id cah;ePjpkd;w kJiu fpisapy; bgwg;gl;l

jPh;g;ghizfSf;fpz';ft[k;.

ePjpkd;w mtkjpg;g[ tHf;Ffis jtph;f;f ntz;oa[k;. tHf;F Mnyhrid

kw;Wk;

nkw;ghh;itf;

FGtpd; fUj;jpd;gog;gilapYk;.

gs;spf;

fy;tp

Mizahpd; fUj;JUtpid muR ftdKld; ghprPypj;J mjid Vw;fyhk; vd Kot[ bra;J. mt;thnw 06/04/2018f;Fg; gpd;dh; tHf;F bjhLj;J jPhg;ghiz bgw;w muR kw;Wk; muR cjtpbgWk; nky;epiyg; gs;spfspy; gzpg[hpe;J Xa;t[ bgw;w 20 bjhHpw;fy;tp Mrphpah;fsJ 50% gFjpneu gzpf;fhyj;jpid Xa;t{jpaj;jpw;F fzf;fpy; vLj;Jf; bfhs;s mDkjpj;J Miz btspaplg;gl;ljw;F

gpd;ndw;g[

mDkjp

mspj;Jk;. 01/04/2003f;F Kd;dh; gzptud;Kiw bra;ag;gl;l muR. muR cjtpbgWk;. efuhl;rp kw;Wk; khefuhl;rp gs;spfspy;

gzpg[hpa[k; kw;Wk; Xa;t[ bgw;w bjhHpw;fy;tp Mrphpau;fspy;. murhiz (epiy) vz;/194 gs;spf; fy;tpj; Jiw ehs; 12/09/2018?,y;

Fwpg;gplg;gl;Ls;s

ehshd 06/04/2018f;Fg; gpd;dh; tHf;F bjhLj;J jPh;g;ghiz bgw;Ws;s 460 bjhHpw;fy;tp Mrphpah;fs; (454*6) kw;Wk; tHf;Ffs; epYitapy; cs;s 103 bjhHpw;fy;tp Mrphpah;fs; Mf bkhj;jk; 563 bjhHpw;fy;tp Mrphpau;fSf;F ePjpkd;wj;jpy; epYitapy; cs;s nky;KiwaPL kw;Wk; rPuha;t[ kDf;fspy; gpwg;gpf;fg;gLk; ,Wjp jPh;g;g[f;Fl;gl;L mth;fspd; gFjpneu gzpf;fhyj;jpy; 50 tpGf;fhl;il Xa;t{jpaj;jpw;F fzf;fpy; vLj;Jf; bfhs;s gs;spf; fy;tp

,af;FeUf;F

mDkjp

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muR MizapLfpwJ."

11.Even in the instant case, the petitioners were appointed as part-time Vocational Instructors and thereafter their services were regularised prior to 01.04.2003. Hence, in view of all the discussions supra, they are also entitled for counting 50% of the past service rendered as part-time Vocational instructors for calculating their pension. Therefore, the respondents are directed to take into consideration 50% of the service rendered by them from the date of initial appointment till the date of regularisation as part-time Vocational Instructors that each of the petitioners has put in and recalculate their

pension that is paid to the petitioners. In the circumstances of the case, it would be incumbent upon the Government to issue a fresh order with respect to all these writ petitioners by taking into account 50% of service rendered by them from the date of initial appointment till the date of regularisation as part-time Vocational Instructors.

12.Of the 28 Writ Petitioners herein, out of four writ petitioners, the petitioner/M.Sahila Banu in W.P(MD)No.17811 of 2023 and the petitioners in W.P(MD)Nos.18726, 18746, 19197, 21130 and 21380 of 2023 are continuing in service now. When they attain their respective age of superannuation, they will be entitled for counting 50% of their past service rendered as part-time Vocational Instructors for calculating their pension. Hence the respondents are directed to take into consideration 50% of the service rendered by them from the date of initial appointment till the date of regularisation as part-time Vocational Instructors which each of the petitioners have put in and calculate their respective pension on their superannuation. The details of these six Writ Petitioners who are serving are tabulated for easy appreciation as below:-

Sl. No. Writ Petition number Name

of petitioner Period

of service part time service period of service rendered after regularizati on Date

of retirement Last served School

¶117811 of 2023 M.Shahila Begum

20.09.1996 to

09.06.2002

10.06.2002 to

16.05.2025

16.05.2025 Muslim Higher Secondary School, Sivakasi

¶218726 of 2023 N.Ravichandran

10.06.1996 to

09.06.2002

10.06.2002 to

31.01.2024

31.01.2024 Thiruvaduthu rai Adheenam Higher Secondary School, Thiruvidaimar uthur

¶318746 of 2023 R.Sekar

19.08.1988 to

06.11.1996

07.11.1996 to In service Government Higher Secondary School, Thanjavur.

¶419197 of 2023 S.Manimuthu

05.01.1991 to

04.10.1996

05.10.1996 to In service A.V.Higher Secondary School, Paramakudi.

¶521130 of 2023 J.Thamailmaran

20.07.1988 to

04.10.1996

05.10.1996 to In service N.S.V.V.Boys Higher Secondary School, Pattiveeranpa tti, Dindigul District.

¶621380 of 2023 R.Edison

10.07.1986 to

04.10.1996

05.10.1996 to In service Shanthiniket han Higher Secondary School, Ambinikai, Dindigul District.

13.The details of the writ petitioners, who are already retired, are tabulated as below:- Sl. No. Writ Petition Number Name

of petitioner Period of Service Part time service Period of

Service rendered after regularization Date of retirem ent Last

served School

¶117727 of 2020 R.John Pandian

30.07.1987 to

15.10.1992

16.10.1992 to 2022 Retired Government Boys

Higher Secondary School, Chrompet, Chengalpattu.

¶212745 of 2023 S.Samsu Nazer

23.06.1987 to

15.10.1992

16.10.1992 to

31.03.2020

31.03.2 Syedammal Higher Secondary School, Ramanathapura m.

¶317811 of 2023 S.Sakthivel 20.09.1996 to

09.06.2002

10.06.2002 to

30.04.2020

30.04.2 Government Higher Secondary School, Lalgudi, Trichy District. S.Rajkumar 30.09.1985 to

15.10.1992

16.10.1992 to

31.05.2019

31.05.2 Government Higher Secondary School, Vriddhachalam. S.Monica

06.01.1987 to

15.10.1992

16.10.1992 to

31.05.2019

31.05.2 St.Joesph Higher Secondary School, Madurai.

¶418139 of 2023 G.Pachayee Ammal

19.12.1989 to

04.10.1996

05.10.1996 to

23.04.2020

23.04.2 Holy Redeemers Girls

Higher Secondary School, Palakarai, Trichy. W.P.(MD)Nos.17811,o18139,o18150,o18726,o o18746,o18880,oo19136oo,o19191,o19330,o20056,o21104o, 19197,o21130,o21380,o18385,o12810,o22324,o10925,o12809,o21477,o16971,o12745,

¶518150 gofgJ.Jeeva 01.07.1989g 21.12.1994gtog31.03.2 Periyarg 2023 tog 31.03.2014 014 Maniammal g Girlsg

20.12.1994 Higherg Secondaryg School,gTrichy.

¶618385 gofgT.Starg 12.10.1978g 27.07.1988gtog31.08.2 St.gXaviergHigherg 2023 Peeris tog 31.08.2012 012 Secondaryg

26.07.1988 School,g Palayamkottai.

¶718880 gofgS.Renganat 01.08.1984g 01.04.1990gtog31.03.2 Boiler g Plantg 2023 han tog 31.03.2014 014g Governmentg

31.03.1990g Higherg Secondaryg School,g Kailasapuram,g Trichy.

¶819136 gofgM.Nagaraja 17.08.1979g 05.10.1996gtog29.02.2 Governmentg 2023 n tog 29.02.2008 008 Boys g Higherg

04.10.1996 Secondaryg School,gPugalur.

¶919191 gofgMrs.Kandav 30.07.1979g 01.04.1990gtog17.11.2 M.A.N.U g Girlsg 2023 elu tog 17.11.2013 013 Higherg

31.03.1990 Secondaryg School,gMadurai. P.Subrama 14.11.1978g 01.04.1990gtog31.03.2 Governmentg ni tog 31.03.2010 010 Higherg

31.03.1990 Secondaryg School, g Valparai,g Coimbatore.

¶1019330 gofgAnbalagan 25.11.1988g 16.10.1992gtog31.07.2 Governmentg 2023 tog 31.07.2017 017 Higherg

15.10.1992 Secondaryg School,g Thirukkadaiyur,g Mayiladhuthuraig District.

¶1120056 of 2023 M.Singaray an

18.07.1979 to

05.10.1996

06.10.1996 to

30.06.2007

30.06.2 Government Higher Secondary School, Kulasekaram, Kanyakumari District.

¶1221104 of 2023 S.Vaithiling am

02.08.1982 to

31.03.1990

01.04.1990 to

30.06.2011

30.06.2 Government Higher Secondary School, Thiruvonam, Thanjavur Distirct.

¶1321477 of 2023 T.Rajeswari 01.04.1988 to

15.10.1992

16.10.1992 to

31.08.2019

31.08.2 P.R.G

Higher Secondary School, Kattumannarkovi l

Taluk, Cuddalore District.

¶1422389 of 2023 J.Manohara npunitharaj

15.07.1997 to

11.08.1992

12.08.1992 to

31.11.2016

31.11.2 Government Higher Secondary School, Thiruvonam, Thanjavur District.

14.During the pendency of these Writ Petitions, the Government has already considered the case of the writ petitioners herein and their respective pension has been calculated vide proceedings dated 04.08.2023, 28.08.2023, 12.07.2023, 28.08.2023,

14.08.2023, 21.08.2023, 14.08.2023, 12.07.2023 and 12.07.2023

respectively in the light of the above discussion and the details are extracted as below:- Sl.No . Writ Petition Number Name

of petitioner Date

of retirement Details

¶111931 of 2021 Padmavathi

31.05.2022 Proceedings

in

Na.Ka.No. 4927/A6/2019,

dated

28.08.2023 issued by the Chief Educational Officer, Madurai.

¶222324 of 2021 Sugumar Wife Late.D.Nirm alabai Retired Name of writ petitioner herein was included in Serial No.87 annexure

G.O.Ms.No.127, School Education Department, dated 12.07.2023.

¶310925 of 2023 Dhanapal

29.02.2020 Proceedings

in

Na.Ka.No. 6030/A6/2018,

dated

28.08.2023 issued by the Chief Educational Officer, Madurai.

¶412808 of 2023 Sivalingam

31.05.2017 Proceedings

in

Na.Ka.No. 458/B/2018, dated 14.08.2023 issued by the Chief Educational Officer, Kanyakumari.

¶512809 of 2023 Hariharan

28.02.2014 Proceedings

in

Na.Ka.No. 5849/B3/2023,

dated

21.08.2023 issued by the Chief Educational Officer, Tirunelveli.

¶612810 of 2023 R.Subraman iam

31.05.2018 Proceedings

in

Na.Ka.No. 4584/B4/2018,

dated

14.08.2023 issued by the Chief Educational

Officer, Kanyakumari.

¶712811 of 2023 Ganaprakas am selvaraj

¶816971 of 2023 Ganasekara n

15.To conclude, the petitioners are entitled for calculating 50% of the past services rendered by each of the petitioners in their respective employment before they got absorbed by bringing them under the regular timescale of pay irrespective of their years of service for the purpose of pensionary benefits. In view of the same, the first respondent is directed to take into account 50% of service rendered by the petitioners as part-time vocational instructors drawing consolidated pay from the date of initial appointment till the date of regularisation for calculating the qualifying service for the purpose of pension and quantum of pension under Rule 43(2) of the Tamil Nadu Pension Rules and to sanction pension and other pensionary benefits and pass a fresh Government Order in this regard along with the list of beneficiaries i.e petitioners herein within a period of four months from the date of receipt of a copy of this order and thereafter forward the same to the Accountant General (Accounts and Entitlement), Accounts Department, Chennai – 18 and the Accountant General, from the receipt of the copy of the Government order passed by the first respondent, is directed to pay the revised pension along with arrears within a period of four

months thereafter.

16.With these observations, these Writ Petitions are disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

.11.2023 (1/6) NCC : Yes / No Index : Yes / No Internet : Yes ps To

1.The Secretary to Government, School Education Department, Secretariat, Chennai – 9.

2.The Director of School Education, D.P.I Campus, College Road, Chennai.

3.The Accountant General (Accounts and Entitlements), Accountant General Department, Chennai – 600 18.

4.The Chief Educational Officer, Madurai, Madurai District.

5.The Chief Educational Officer, Trichy,

Trichy District.

6.The Chief Educational Officer, Virudhunagar, Virudhunagar District.

7.The District Educational Officer (Secondary), Sivakasi, Virudhunagar District.

8.The District Educational Officer (Secondary), Lalgudi, Trichy District.

9.The District Educational Officer (Secondary), Madurai, Madurai District. W.P.(MD)Nos.17811,o18139,o18150,o18726,o o18746,o18880,oo19136oo,o19191,o19330,o20056,o21104o, 19197,o21130,o21380,o18385,o12810,o22324,o10925,o12809,o21477,o16971,o12745,

L.VICTORIA GOWRI, J. ps 18746, 18880, 19136 , 19191, 19330, 20056, 21104, 19197, 21130, 21380, 18385, 12810, 22324, 10925, 12809, 21477, 16971, 12745, 12808, 12811 & 22389 of 2023, 17727 & 17772 of 2020 & 11931 of 2021 (28 cases) .11.2023 (1/6)