The Government Of Tamil Nadu v. J.Venugopal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2018
CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE P.VELMURUGAN W.A.No.1031 of 2016 and C.M.P.No.13461 of 2016 1.Government of Tamil Nadu Rep. by its Secretary to Government School Education Department Fort St.George, Secretariat, Chennai 600 009.
2.The Director of School Education College Road, Chennai 600 006.
3.The Joint Director of School Education (Vocational) College Road, Chennai 600 006.
4.The Chief Educational Officer Vellore.
...Appellants Vs J.Venugopal
...Respondent
Prayer:- Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the order passed by this Court in W.P.No.25237 of 2014 dated 17.09.2014.
WP.NO.25237/2014:
This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to count 50% of petitioners service for a period from 10.9.1979 to 28.11.1985 as Single and Double Part Time Vocational Instructor along with the regular service as P.G.Assistant for a period from 29.11.1985 to 31.3.2012 as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits For Appellants : Mr.K.Karthikeyan Government Advocate For Respondent : Mr.R.Suseetharan
JUDGMENT
(Judgment of the Court was delivered by K.K.SASIDHARAN, J.) The issue involved in this intra court appeal is covered by the decision of the Division Bench dated 20 September, 2010 in W.A.No.1702 of 2010.
2. The Division Bench made it clear that the employees are entitled to count their earlier service on consolidated pay for the purpose of fixing pension. The said judgment was followed by the Division Bench in its judgment dated 16 March, 2015 in W.A.No.359 of 2015.
3. The learned Single Judge taking into account the law laid down by the Division Bench of this Court allowed the Writ Petition filed by the respondent. Even after the disposal of the Writ Petition in W.P.No.25237 of 2014, another Division Bench considered the issue independently and opined that the employees who were regularised subsequently are entitled to count their earlier service as regular daily wagers/contract basis for the purpose of fixing pension.
In view of the combined decision of the coordinate Bench, we dismiss the intra court appeal filed by the State. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar gms To 1.Government of Tamil Nadu Rep. by its Secretary to Government School Education Department Fort St.George, Secretariat, Chennai 600 009.
2.The Director of School Education College Road, Chennai 600 006.
3.The Joint Director of School Education (Vocational) College Road, Chennai 600 006.
4.The Chief Educational Officer Vellore.
+ 1 cc to Mr.R.Suseetharan Advocate,SR.4684 + 1 cc to The Govt.Pleader, SR.5533 W.A.No.1031 of 2016 pa(co) nr 21/02/2018