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Madras High CourtWP/9286/2026allowed

M.Kala v. Government Of Tamil Nadu Rep

2026-03-13Honourable Ms. Justice P.T. Asha7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.03.2026

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 9286 of 2026 M. Kala

...Petitioner

Vs.

1.Government of Tamil Nadu Rep. by its Secretary to Govt.

School Education Department, St. George Fort Chennai - 600 019.

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

3. The Chief Educational Officer Mayiladuthurai District.

Mayiladuthurai.

4.The Secretary, D.B.T.R. National Higher Mayiladuthurai - 609 001

...Respondents

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Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Mandamus, directing the 3rd respondent to count 50% petitioner's service for the period from 10-11-1982 to 31-031990 as Single and Double Part Time Vocational Instructor along with regular service for the period from 01-04-1990 to 06-04-2007 as qualifying service for the purpose of pensionary benefit and to grant arrears of family pension and pensionary benefits in the light of order passed in W.A.Nos.2907 to 2910 of 2019 dated 29.08.2023 and by considering the representation of the petitioner dated 21.01.2026. For Petitioner :

Mr. P.Ganesan For Respondents :

Mrs.Mythreye Chandru 1 to 3

O R D E R

This writ petition is filed for the following relief: "To direct the 3rd respondent to count 50% petitioner's service for the period from 10-11-1982 to 3103-1990 as Single and Double Part Time Vocational Instructor along with regular service for the period from 2/7

01-04-1990 to 06-04-2007 as qualifying service for the purpose of pensionary benefit and to grant arrears of family pension and pensionary benefits in the light of order passed in W.A.Nos.2907 to 2910 of 2019 dated 29.08.2023 and by considering the representation of the petitioner dated 21.01.2026."

2. The Division Bench of this Court in a similar case in WA.Nos.2907 to 2910 of 2019, has held as follows: "8.Therefore the respondents are directed to take into consideration the 50% of the service rendered by them from the date of initial appointment till the date of regularization as part time Vocational Instructors that each of the petitioners have put in and recalculate their pension that is paid to the petitioners

9. The needful shall be undertaken by the respondents within a period of eight (8) weeks from the date of receipt of a copy of this order.

10. We also take judicial notice of the fact that 3/7

various such claims are pending before this Court for very long time. In such circumstances, it would only be incumbent upon the Government to issue a Government Order, wherever the Vocational Instructors who have been regularised before 01.04.2003 and who prior to their regularisation have been working as part time / temporary basis, then in their respect 50% of such service from the date of initial appointment to the date of regularisation shall be reckoned for calculating their pension and their pension shall be re-fixed. This direction is issued considering the fact that such persons even after their superannuation being senior citizens should not be unnecessarily driven to Court. Considering the said circumstances, we direct the Government to issue such order within a period of three (3) months from the date of receipt of a copy of this order.

With these observations, these writ appeals are disposed of. No costs.

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3. Accordingly, this writ petition is allowed in the lines of the above judgement subject to the petitioner falling within the zone of consideration. No costs.

13.03.2026 kan 5/7

To 1.Government of Tamil Nadu Rep. by its Secretary to Govt.

School Education Department, St. George Fort Chennai - 600 019.

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

3. The Chief Educational Officer Mayiladuthurai District.

Mayiladuthurai.

4.The Secretary, D.B.T.R. National Higher Mayiladuthurai - 609 001 6/7

P.T. ASHA, J kan 13.03.2026 7/7