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Madras High CourtWP/11920/2024disposed of

S.Sivaraj v. The Government Of Tamilnadu

2025-04-07Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN S.Sivaraj Vocational Instructor (Retd) Petitioner Vs.

1. The Government of Tamilnadu Rep. By Secretary To Government, School Education Department, Fort St. George, Chennai 600 009.

2.The Director of School Education College Road, Chennai 600006.

3.The Joint Director of School Education (vocational) College Road, Chennai 600 006.

4.The Chief Educational Officer Vellore District, Vellore.

5.The Headmaster Government Boys Higher Secondary School, Katpadi, Vellore District.

Respondent(s) PRAYER: This writ petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to count 50% of the service rendered by the petitioner in the post of Single and Double Part Time Vocational Instructor for the period from

5.09.1983 to 31.03.1990 as qualifying service for the purpose of pensionary benefits along with the regular service rendered in the post of Vocational Instructor for the period from 01.04.1990 to 31.05.2018 when the petitioner retired from service and to send a revised proposal to the Accountant General for sanction and direct the respondents to grant the arrears of retirement benefits and arrears of pension.

For Petitioner R.Saseetharan For Respondents Mrs.S.Mythreye Chandru

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 05.09.1983 and 31.03.1990 as Part Time Vocational Instructor, on consolidated pay, along with regular service as Vocational Instructor for a period from 01.04.1990 till the date of retirement i.e., 31.05.2018 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 Part Time Vocational Instructor in Computer Science on 05.09.1983 as per the order of the Management dated 05.09.1983 at Government Higher Secondary School, K.V.Kuppam, Vellore District. The petitioner was appointed on consolidated

pay. His appointment was approved by the Chief Educational Officer, North Arcot. 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 absorbed as Full Time Vocational Instructor, Grade II in Computer Science with effect from 01.04.1990. Therefore, the present writ petition has been filed seeking to include 50% of the service rendered by the petitioner from 05.09.1983, the initial date of appointment as Part Time Vocational Instructor till 31.03.1990 , the date till which he was functioning as 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 05.09.1983 and 31.03.1990 as Part Time Vocational Instructor together with the service already rendered from 01.04.1990 till 31.05.2018 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 sli Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Government Of Tamilnadu Rep. By Secretary To Government, School Education Department, Fort St.

George, Chennai 600 009.

2.The Director Of School Education College Road, Chennai 600006.

3.The Joint Director Of School Education (vocational) College Road, Chennai 600 006.

4.The Chief Educational Officer Vellore District , Vellore 5.The Headmaster Government Boys Higher Secondary School, Katpadi, Vellore District

C.V.KARTHIKEYAN J.

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