V.S.Srinivasan v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2025 Coram THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN W.P.No.10888 of 2025 V.S.Srinivasan ... Petitioner -Vs1.
The Government of Tamilnadu Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
2.
The Director of School Education, College Road, Chennai - 600 009.
3.
The Joint Director of School Education (Vocational), College Road, Chennai - 600 009.
4.
The Chief Educational Officer, Chennai District, Egmore, Chennai - 600 006.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondents to count 50% of petitioner's service rendered for a period from 18.08.1988 to 15.10.1992 as Double Part Time Vocational Instructor, on consolidated pay, along with regular service as Vocational Instructor for a period from 16.10.1992 till the
date of retirement i.e., 30.04.2019 as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and pensionary benefits. For Petitioner : Mr. R.Saseetharan For Respondents : Mr. Yashwant Additional Government Pleader
ORDER
The writ petition has been filed in the nature of a mandamus seeking a direction against the respondents to count 50% of the service of the petitioner rendered between 18.08.1988 to 15.10.1992 as Double Part Time Vocational Instructor for a period from 16.10.1992 till the date of retirement i.e., 30.04.2019 as qualifying service for the purpose of pensionary benefits.
2. In the affidavit filed in support of this writ petition, it had been contended that the petitioner was initially appointed as Double Part Time Vocational Instructor on 18.08.1988 at Hindu High Secondary School, Triplicane, Chennai. The petitioner was appointed on consolidated pay. His appointment was approved by the Chief Educational Officer, Chennai by proceedings dated 07.11.1988 with effect from 16.10.1992. It is contended that thereafter, the Government had issued G.O.(Ms).No.712 dated 28.05.1990,
G.O.(Ms)No.834 dated 23.09.1994 and G.O.(Ms).No.221 dated 15.07.1999 to regularize the service of the vocational instructors working in Government and Private Aided Schools. The petitioner was also absorbed as Full Time Vocational Instructor, Grade II. Therefore, the present writ petition has been filed seeking to include 50% of the service rendered by the petitioner from 18.008.1988, the initial date of appointment as Double Part Time Vocational Instructor till 15.10.1992, the date till which he was functioning as Double Part Time Vocational Instructor.
3. The issue is no longer res integra and orders have been passed directing the respondents to consider 50% of the services of the petitioner for calculating the period of service for pensionary benefit alone.
4. The respondents may examine the representation given by the petitioner herein and consider the claim of the petitioner to count 50% of the service rendered between 18.08.1988 to 15.10.1992 as Double Part Time Vocational Instructor together with the service already rendered from 16.10.1992 till 30.04.2019 as qualifying service for the purpose of pensionary benefit. The respondents shall forward such proposal for revision of pensionary benefit to the Accountant General Office within a period of four weeks from the date of receipt of a copy of this order. If any records are to be examined, the respondents may call upon the Management of the School to forward the
necessary records.
5. The writ petition stands disposed of. No costs. 07.04.2025 vsg Index : Yes/No Speaking order/Non speaking order To 1.
Secretary to Government, The Government of Tamilnadu School Education Department, Fort St. George, Chennai - 600 009.
2.
The Director of School Education, College Road, Chennai - 600 009.
3.
The Joint Director of School Education (Vocational), College Road, Chennai - 600 009.
4.
The Chief Educational Officer, Chennai District, Egmore, Chennai - 600 006.
C.V.KARTHIKEYAN, J.
vsg W.P.No.10888 of 2025 07.04.2025