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Madras High CourtWP/4984/2018disposed of

A. Amirthalingam v. The Secretary To Government

2019-02-08Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2019

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.Nos.4984 & 4985 of 2018 A.Amirthalingam ... Petitioner in W.P.No.4984 of 2018 M.Subramanian ... Petitioner in W.P.No.4985 of 2018 Vs 1.The Secretary to Government, School Education Department, Fort St. George, Chennai-600 009.

2.The Joint Director of School, Education (Vocational Education), College Road, Chennai-600 006.

3.The Chief Educational Officer, Salem District, Salem.

4.The Accountant General of Tamilnadu (A & E), Chennai-18.

..Respondents in both the WPs COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to count 50% of petitioners service for a period from 15.07.1983 to 31.03.1990 & 05.08.1985 & 15.10.1992 respectively as Part Time Vocational Instructor along with regular service as Vocational Instructor from 01.04.1990 to 31.10.2017 & 16.10.1992 to 30.06.2016 as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits respectively. For Petitioners : Mr.S.Kamadevan (In both WPs) For Respondents : Mr.A.Raja Perumal (In both WPS) Additional Government Pleader

COMMON

O R D E R

These present writ petitions are for a direction to direct the respondents to count 50% of petitioners service for a period from 15.07.1983 to 31.03.1990 & 15.08.1985 & 15.10.1992 respectively as Part Time Vocational Instructor along with regular service as Vocational Instructor from 01.04.1990 to 31.10.2017 & 16.10.1992 & 30.06.2016 as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits to petitioners respectively.

2.The learned counsel for the petitioners states that the Government passed an order in G.O.Ms.No.194, School Education Department dated 12.09.2018 granting a benefit of committing of 50% service on the qualifying service. The writ petitioners are also eligible to get the benefit through the said Government order. Accordingly, the respondents are directed to consider the case of the writ petitioners taking into account all the Government order passed in G.O.Ms.No.194, School Education Department dated 12.09.2018 and pass orders on merits and in accordance with the law within a period of 12 weeks from the date of the receipt of the copy of this order. The petitioners are directed to enclose a copy of the Government orders and fresh representation along with the orders passed in the present writ petitions.

3.Accordingly these writ petitions stand disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar tta/ska To 1.The Secretary to Government, School Education Department, Fort St. George, Chennai-600 009.

2.The Joint Director of School, Education (Vocational Education), College Road, Chennai-600 006.

3.The Chief Educational Officer, Salem District, Salem.

4.The Accountant General of Tamilnadu (A & E), Chennai-18.

+1 cc to The Government Pleader, SR.No.11850 +1 cc to Mr.S.Kamadevan, Advocate SR.No.11432 W.P.Nos.4984 & 4985 of 2006 BR(CO) CSL/08.03.2019