T.Clara v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN T. Clara ... Petitioner Vs

1. The State of Tamil Nadu rep.by its Secretary to Government School Education Department, Fort.St.George, Chennai 600 009.

2. The Director of Elementary Education DPI Compound, College Road, Chennai 600 006.

3. The Chief Educational Officer, O/o.Chief Educational Office, Thanjavur District.

4. The District Educational Officer, Pattukottai Educational District, Pattukottai. .... Respondents 1/6

Prayer :- Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the respondents to count 50% part-time services rendered by the petitioner for the period from 12.01.1989 to 19.02.1996 along with her regular service, for the purpose of qualifying service for pension and to confer all consequential revision of pension and other benefits to the petitioner. For Petitioner : Mr.V.Ravikumar For Respondents : Mr.G.Velu Addl.Government Pleader for R1 to R5 Mr.T.Ravikumar for R6

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus to direct the respondents to count 50% part-time services rendered by the petitioner for the period from 12.01.1989 to 19.02.1996 along with her regular service, for the purpose of qualifying service for pension and to confer all consequential revision of pension and other benefits to the petitioner.

2. In the affidavit filed in support of the writ petition, it had been stated that the petitioner had been initially appointed as a part time 2/6

Vocational Instructor and thereafter, she was appointed as full time Vocational Instructor. She had retired from service on attaining the age of superannuation. While considering the qualified period for pension, it had been contended that the petitioner's service as part time Vocational Instructor should also be taken into consideration and 50% of that period should be added along with the regular service. In this connection, the petitioner had given a representation to the respondents.

3. The learned counsel for the petitioner stated that calculation of 50% of service as part time Vocational Instructor also to be included while examining the total period of service rendered for calculation of pension it had been held by the Division Bench of this Court in W.A.(MD).No.347 of 2020 batch, wherein the Division Bench by order dated 29.08.2022 had affirmed that 50% of service as part time Vocational Instructor must be taken into consideration for determining the qualified period of service for calculation of pension.

4. A mandamus is issued to the respondents to examine the service 3/6

records of the petitioner and also taking into consideration 50% of the service rendered as part time Vocational Instructor together with period rendered as full time Vocational Instructor for the purpose of calculating the total period of service for pension and other benefits. The representation of the petitioner should be examined within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs.

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1. The State of Tamil Nadu rep.by its Secretary to Government School Education Department, Fort.St.George, Chennai 600 009.

2. The Director of Elementary Education DPI Compound, College Road, Chennai 600 006.

3. The Chief Educational Officer, O/o.Chief Educational Office, Thanjavur District.

4. The District Educational Officer, Pattukottai Educational District, Pattukottai.

C.V.KARTHIKEYAN, J.

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