R.Jayalakshmi, W/O.M.Shanmugam v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM & W.M.P.No.6677 of 2016 R.Jayalakshmi ... Petitioner Vs.

1. Government of Tamil Nadu Rep. by Secretary to Government School Education Deprtment Secretariat, Chennai - 600 009

2. The Director of School Education Chennai - 600 006

3. The District Educational Officer South Chennai District Chennai - 600 008

4. The Secretary Sri RKM Saradha vidyalaya Girls Higher Secondary School No.134, Usman Road T.Nagar, Chennai - 600 017

5. The Accountant General (A & E) Tamil Nadu, Chennai - 600 018 ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records on the 1/5

file of the 3rd respondent relating to orders in (1) Pro.O.Mu.No.1450/B3/2014 dated 20.08.2014 (2) Pro.O.Mu.No.466/B3/2015 dated 04.03.2015 and (3) Pro.O.Mu.No.2155/B3/2015 dated 20.07.2015 to quash the same and issue consequential direction to the respondents to count the temporary servies of the petitioner as Tamil Pandit in the 4th respondent school from 06.09.1982 to 10.03.1983 (with artificial breaks) along with the regular service by her from 02.02.1976 to 29.04.1976 and from 04.07.1983 to 31.01.2008 for computing the total qualifying service for pension and to revise her pensionary benefits on that basis and disburse consequential monetary benefits with interest within a time frame.

For Petitioners : Mr.J.Ravi for Mr.M.Ravi For Respondents : Ms. S.Mythreya Chandru Special Govt. Pleader for R1 to R3 Ms.J.Sreevidya for R5 No appearance for R4

O R D E R

The claim of the writ petitioner to count the temporary service of the petitioner in the 4th respondent aided school from 06.09.1982 to 10.03.1983 was rejected by the respondents on the ground that the petitioner approached the authorities belatedly and further, during the relevant point of time, she was in substituted service in the fourth respondent aided school.

2. The petitioner was appointed as Tamil Pandit in the fourth respondent aided school on 04.07.1983 and retired from service on 31.01.2008. The 2/5

grievance of the writ petitioner is that the services rendered by her from 06.09.1982 to 10.03.1983 has not been taken into account for the purpose of calculation of qualifying service.

3. The learned Special Government Pleader appearing on behalf of the respondents made a submission that during the said period, the petitioner served as leave substitute teacher and therefore, said period was not taken into consideration as there is no rule to consider the said period as qualifying service. Beyond these facts, the petitioner was allowed to retire from service on 31.01.2008 and the writ petition is filed in the year 2016 after a lapse of 8 years from the date of retirement. The relief sought for is with reference to the period from 06.09.1982 to 10.03.1983. Thus, the petitioner ought to have raised this issue during the relevant point of time or at least at the time of retirement. The petitioner slept over for her right for several years and therefore, now such claims cannot be entertained after a lapse of many years. Thus, the writ petition stands rejected on the ground of latches. No costs. Consequently, connected miscellaneous petition is closed. 20.09.2022 Index: Yes Speaking order gpa 3/5

To

1. The Secretary to Government Government of Tamil Nadu School Education Deprtment Secretariat, Chennai - 600 009

2. The Director of School Education Chennai - 600 006

3. The District Educational Officer South Chennai District Chennai - 600 008

4. The Secretary Sri RKM Saradha vidyalaya Girls Higher Secondary School No.134, Usman Road T.Nagar, Chennai - 600 017

5. The Accountant General (A & E) Tamil Nadu, Chennai - 600 018 4/5

S.M.SUBRAMANIAM., J gpa Writ Petition No.7460 of 2016 & W.M.P.No.6677 of 2016 20.09.2022 5/5