The State Of Tamilnadu v. C.Viswanathan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2018

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.A.Nos.937, 938, 939, 940, 941, 942, 943 and 944 to 946 of 2018 and CMP.Nos.8038, 8039, 8040, 8041, 8042, 8043, 8044, 8045 and 8046 to 8053 of 2018 The State of Tamil Nadu, rep.by its Secretary to Government, Finance Department, Fort St.George, Chennai-600 009.

... 1st Appellant in W.A.No.937 of 2018 The State of Tamil Nadu, Rep. by Secretary to Government School Education Department Fort St. George Chennai-9 ...2nd Appellant in W.A.No.937 of 2018 1st Appellant in WA.NO.938/2018 to 946/2018 The Director of School Education DPI Compound, College Road, Chennai-6 ...3rd Appellant in WA NO.937/2018 2nd Appellant in WA NO.938/2018 to 946/2018 The Joint Director (Vocational) Directorate of School Education, DPI Compound,College Road, Chennai-6 ...4th Appellant in WA No.937/2018 3rd Appellant in WA NO.938/2018, to WA.NO.946/2018.

The Chief Educational Officer Tiruvannamalai District ... 4th Appellant in WA.NO.938/2018 The Chief Educational Officer Villupuram District Villupuram ... 4th Appellant in WA.NO.939/2018

The Cheif Educational Officer Pudukkottai District, Pudukkottai ... 4th Appellant in WA.NO.940/2018 and 941/2018 The District Educational Officer Kovilpatti, Thoothukudi District ... 4th Appellant in WA.NO.942/2018 The Chief Educational Officer Cuddalore District, Cuddalore.

... 4th Appellant in WA.NO.943/2018 The Chief Educational Officer Thanjavur District, Thanjavur ...4th Appellant in WA.NO.944/2018 to WA.NO.946/2018 -vs1.C.Viswanathan 2.R.Indirani 3.M.Kandasamy 4.S.Sivasami 5.D.Devikarani 6.R.Sivasubramanian 7.V.Kumar 8.M.Palanisamy 9.S.Sellamani 10.J.Athisayam 11.A.Grace Paripooranam 12.S.Maria Antony Baskar 13.V.Ganesh 14.L.Maria Beno 15.S.Sundar 16.J.Baby Stella 17.S.Edward Raja 18.J.Prabhakaran 19.Y.U.Meera 20.K.Nirmala 21.B.Rajakumari 22.Mariapushpam 23.G.Selin Pushparani 24.P.Chandra 25.B.Savithri 26.N.Mala 27.K.Ruthiramani 28.G.Marudavanan

29.I.Selvi Joyce Mary 30.S.Geetha 31.V.Geetha 32.R.Murugesan 33.D.Thuruvagiri Nayagi 34.S.Arunachalam 35.S.Sathasivam 36.T.Arunachalam 37.S.Josphine Jerald Mary 38.I.Flarance Rajammal 39.C.Jayakumari 40.T.Suyamburajan 41.G.Caldwell herald Richardson 42.D.Balan Cruz Vettri Raja 43.I.Sankarasubramanian 44.E.Chandrika 45.R.Jagajothi 46.S.Varuvel Anthony Jayam 47.P.Mary Rexlin 48.S.Rajagopal 49.S.Murgesan 50.A.Mary 51.K.Chellaiyya 52.P.Mohamed Jalaluddin 53.G.Stephen Thangaraj 54.R.Mariappan 55.S.Damodaran 56.J.F.Maria Arokiaraj 57.S.Manickam 58.N.Bhuvaneshwari 59.S.Ganesan 60.V.Rajakannan 61.P.Senthamizh Selvi 62.K.S.Backialakshmi 63.K.Jayaraju 64.K.Rajalakshmi 65.C.Padmavathi 66.R.Thangaraj 67.A.Kulandaivelu 68.A.Madhuraimuthu 69.M.Varadhan 70.P.S.Murugesan 71.G.N.Shanthi 72.S.Vettrivel 73.P.Valliammal 74.S.Suguna 75.V.Rajan 76.A.Krishnamurthy 77.E.Sridhar 78.R.Ramamoorthy

79.R.Thamizharasi 80.C.Amarthalingam 81.K.C.Balasubramanian 82.M.Thiagarajan 83.L.Gobi 84.M.Srinivasan 85.A.Selvin 86.S.Thanaseeli Hebisibha 87.P.Shanthi Christoper 88.a.Muthulakshmi 89.M.Aandiyappan 90.P.Suyambulingam 91.P.Iyyappan 92.G.Manisekar 93.S.Prem Jestrina 94.P.Latha 95.A.Savithiri 96.M.N.Rajendran 97.L.Arulmozhi 98.A.Gladys Cotlet 99.K.Senthilnathan 100.Sulaiman 101.A.Soundarapandian 102.K.Kamalam 103.K.R.Shanthi 104.K.Samundian 105.R.Manokaran 106.P.Senguttuvan 107.C.Amsavel 108.S.Vallinayagam 109.S.Krishnaveni 110.V.Selvaraj 111.P.Dhandapani 112.L.Seshachalam 113.A.Ambili 114.K.Sumathi 115.K.Lakshmi Thilagam 116.C.Velraj 117.N.Kalaiyarasan 118.T.Thirumalaisamy 119.N.Radhai 120.K.Nachimuthu 121.P.Karthikeyan 122.C.Murugesan 123.S.Nehru 124.P.Shanmugam 125.N.Gopalsamy 126.R.Padmaja 127.K.Kanagarathinam 128.V.A.Kalaiselvi

129.P.Vanitha 130.K.Yasodha 131.C.Mariyappan 132.N.Ramu 133.R.Jayaraj 134.P.M.Murugan 135.A.Sivanesan 136.S.Rajalingam 137.V.Kannan 138.A.Jikki Selvarani 139.L.Laila 140.N.Ramasamy 141.M.Palanisamy 142.M.Kalarani 143.S.Parvathi 144.V.Parvathi 145.S.Sundar 146.V.Ganesan 147.D.Muthulakshmi ... Respondents in WA.No.937 of 2018 G.Durairaj ... Respondents in WA.No.938 of 2018 R.Gopalakrishnan ... Respondents in WA.No.939 of 2018 M.Thirunavukkarasu ... Respondents in WA.No.940 of 2018 K.M.Lakshmanan ... Respondents in WA.No.941 of 2018 K.Velusamy ... Respondents in WA.No.942 of 2018 V.Nagarajan ... Respondents in WA.No.943 of 2018 P.R.Mohan ... Respondents in WA.No.944 of 2018 S.Subramanian ... Respondents in WA.No.945 of 2018 P.Raju ... Respondents in WA.No.946 of 2018 W.A.No.

937 of 2018 to 946 of 2018 filed under Clause 15 of the Letters Patent, against the order passed by this Court in W.P.No.33685 of 2013 dated 12.12.2013, WP.No.39427 of 2016 dated 15.11.2016, WP.No.5829 of 2014 dated 26.02.2014, WP.No.7691, 7689, 7692 of 2016 dated 02.03.2016, WP.No.3260 of 2014 dated 04.02.2014, WP.No.23543, 23544 and 23546 of 2014 dated 01.09.2014 respectively.

WP No.33685 of 2013 Writ petition has been filed u/s. 226 of the constitution of India praying for a writ of certiorarified mandamus to call for the records relating to the letter of the 2nd respondent having Ref. No. 16280/ VE/ 2011-4, dated 14.6.2012 to the 3rd respondent to take the services rendered by part time vocational instructors for the purpose of Pension and quash the same and consequently direct the 4th respondent to send the proposal for computing the 50% service rendered by the petitioners as part time Vocational Instructors drawing consolidated pay for calculating the qualifying service for pension and the quantum of pension under Rule 43 (2) of the Tamilnadu Pension Rules to the 2nd respondent to enable the 1st respondent to sanction the pension to the petitioners based on the said proposal from the date of retirement of the petitioners and to enable the concerned authorities to disburse the penions to the petitioners as and when the petitioners retire from service (WA. No. 937/18).

WP No.39427 of 2016 Writ petition has been filed u/s. 226 of the constitution of India praying for issuance of a writ of mandamus to direct the respondents to count 50% of petitioners service for a period from 24.7.1984 to 31.03.1990 as single and Double Part Time Vocational Instructor along with regular service as Vocational Instructor for a period from 1.4.1990 to 31.7.2016 the date of retirement, as qualifying service for the purpose of pensionary benefits and send a revised pension proposal to the Accountant General for sanction and grant arrears of pensionary benefits (WA. NO.938/18).

WP No.5829 of 2014 Writ petition has been filed u/s. 226 of the constitution of India praying for a writ of mandamus directing the respondents to count 50% of petitioners service for a period from 1.9.1983 to 4.10.1996 as Single and Double Part Time Vocational Instructor along with regular service for a period from 5.10.1996 to 30.4.2005, as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits(WA. No. 939/18).

WP No.7691 of 2016 Writ petition has been filed u/s. 226 of the constitution of India praying for a writ of mandamus Directing the respondents to count 50% of petitioners service for a period from 01.08.1986 to 15.10.1992 as Double Part Time Vocational Instructor along with regular service as Vocational Instructor for a period from 16.10.1992 to 31.10.2014, as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits.(WA.NO.940/2018) WP No.7689 of 2016 Writ petition has been filed u/s. 226 of the constitution of India praying for a writ of mandamus Directing the respondents to count 50% of petitioners service for a period from 20.08.1979 to 31.03.1990 as Double Part Time Vocational Instructor along with regular service as Vocational Instructor for a period from 01.04.

1990 to 31.12.2014, as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits.(WA.No.941/2018) WP No.7692 of 2016 Writ petition has been filed u/s. 226 of the constitution of India praying for a writ of mandamus Directing the respondents to count 50% of petitioners service for a period from 20.08.1979 to 26.09.1983 as Single and Double Part Time Vocational Instructor along with regular service as P.G.Assistant and Headmaster, Government Higher Secondary School for a period from 27.07.1983 to 31.05.2015, as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits.(WA.No.942/2018) WP No.3260 of 2014 Writ petition has been filed u/s.

226 of the constitution of India praying for a writ of mandamus Directing the respondents to count 50% of petitioners service for a period from 8.10.1980 to 4.10.1996 as Single and Double Part Time Vocational Instructor along with regular service as Vocational Instructor for a period from 5.10.1996 to 30.6.2009, as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and pensionary benefits(WA.No.

WP No.23543 of 2014 This petition is filed u/s. 226 of the constitution of India praying for a writ of mandamus Directing the respondents to count 50% of petitioner service for a period from 23.07.1979 to 31.03.1990 as Single Part Time Vocational Instructor along with regular service as Vocational Instructor for a period from 01.04.1990 to 31.05.2012, as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits.(WA.No.944/2018) WP No.23544 of 2014 This petition is filed u/s. 226 of the constitution of India praying for a writ of mandamus Directing the respondents to count 50% of petitioner service for a period from 19.11.1981 to 31.03.1990 as Double Part Time Vocational Instructor along with regular service as Vocational Instructor for a period from 01.04.1990 to 31.10.

2010, as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits(WA.No.945/2018) WP No.23546 of 2014 This petition is filed u/s. 226 of the constitution of India praying for a writ of mandamus Directing the respondents to count 50% of petitioner service for a period from 05.10.1979 to 04.10.1996 as Single and Double Part Time Vocational Instructor along with regular service as Vocational Instructor for a period from 05.10.1996 to 31.05.2009, as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits.(WA.No.946/2018) For appellants : Mr.C.Munusamy, Spl.GP (Edn.) in all the appeals For R77 & R116 : Mr.R.Saseetharan For other respondents : Mrs.C.Uma in WA.No.937 of 2018 For respondent : Mr.R.Saseetharan in W.A.Nos.

COMMON JUDGMENT (Delivered by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties. 2.The issue raised in these writ appeals is squarely covered by the judgment of this Court in W.A.Nos.882, 808 of 2017, 1224, 1395, 1471, 1283 and 1323 of 2016 dated 06.04.2018, wherein this Court has directed as follows:- "15.In terms of the above discussions, we dispose of the writ appeals as under:

(i)50% of the services rendered by the respondents herein, as Part Time Vocational Instructor (either as Single Part time or Double Part Time Vocational Instructor), shall be counted for the purpose of computing pension and other retiral benefits.

(ii)The above said benefit shall be extended only to the respondents in these writ appeals and for the persons similarly situated like that of the respondents herein, whose cases are pending before this Court. Thus it is made clear that the above said benefit shall not be extended to any other future cases that may be filed on this account, on the ground of delay and laches, since all along they have not come up before this Court and remained as fence-sitters. It is also needless to point out that allowing such cases would amount to opening the pandora's box, touching upon the financial implications of the State.

16.The writ appeals are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed." 3.Accordingly, these writ appeals stand disposed of in terms of the judgment of this Court in W.A.Nos.882, 808 of 2017, 1224, 1395, 1471, 1283 and 1323 of 2016 dated 06.04.2018. Consequently, the connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rk

To 1.

The Secretary to Government, Finance Department, Fort St.George, Chennai-9.

2.

The Secretary to Government, School Education Department, Fort St.George, Chennai-9.

3.

The Director of School Education DPI Compound, College Road, Chennai-6 4.

The Joint Director (Vocational) Directorate of School Education, DPI Compound,College Road, Chennai-6 5.

The Chief Educational Officer Tiruvannamalai District 6.

The Chief Educational Officer Villupuram District Villupuram 7.

The Cheif Educational Officer Pudukkottai District, Pudukkottai 8.

The Chief Educational Officer Cuddalore District, Cuddalore.

9.

The Chief Educational Officer Thanjavur District, Thanjavur 10.

The District Educational Officer Kovilpatti, Thoothukudi District +1cc to Mrs.C.Uma, Advocate, S.R.No.29840 +1cc to the Government Pleader, S.R.No.31253 to 31260 W.A.Nos.937, 938, 939, 940, 941, 942, 943 and 944 to 946 of 2018 and CMP.Nos.8038, 8039, 8040, 8041, 8042, 8043, 8044, 8045 and 8046 to 8053 of 2018 GSP(03/07/2018)