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Madras High CourtWP/29886/2010disposed of

K.Venugopal, v. The District Chief Educational

2020-08-21Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.29886 of 2010 K.Venugopal ... Petitioner vs.

1.

The District Chief Educational Officer, Villupuram District, Villupuram.

2.

Thiru Kamaraj Municipal Higher Secondary School, Villupuram.

3.

The Government of Tamil Nadu, rep. by Secretary of School Education, Secretariat, Chennai.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents to treat the double part time service of the Petitioner from 06.08.1979 to 04.10.1996 as non-provincialized service period and to grant benefit under G.O.Ms.No.408, dated 25.08.2009.

For Petitioner :

M/s.Anna Sobhana Premila For Respondents:

Mrs.P.Kavitha, Government Advocate

O R D E R

Petitioner has come up with the present Writ Petition seeking a direction to the Respondents to treat his double part-time service from 06.08.1979 to 04.10.1996 as nonprovincialised service period and to grant benefits under G.O.Ms.No.408, dated 25.08.2009.

2.

This Writ Petition was initially dismissed by this Court on 29.03.2019 for non-appearance of the Petitioner. Thereafter, by an order dated 28.01.2020 passed in W.M.P.No.1944 of 2020, the above Writ Petition was restored to file.

3. Today, learned Government Advocate appearing for the Respondents submitted that, the Government has issued G.O.(Ms) No.194, dated 12.09.2018 with respect to the relief sought by the Petitioner herein.

https://hcservices.ecourts.gov.in/hcservices/

4. This Court is of the view that, if the Petitioner herein is covered by the said Government Order, the benefits of the same shall be extended to him. Accordingly, Respondents herein are directed to count 50% of the services rendered by the Petitioner as Part-Time Vocational Instructor, for the purpose of computing pension and other retiral benefits.

This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar (aeb/jas) To:

1.

The District Chief Educational Officer, Villupuram District, Villupuram.

2.

Thiru Kamaraj Municipal Higher Secondary School, Villupuram.

3.

The Government of Tamil Nadu, rep. by Secretary of School Education, Secretariat, Chennai.

+1cc to Government Pleader SR.No.27527 W.P.No.29886 of 2010 NRL(CO) GMY(20/10/2020) https://hcservices.ecourts.gov.in/hcservices/