K.Kamachi v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Writ Petition No.27326 of 2025 K.Kamatchi ... Petitioner ..Vs..
1.The State of Tamil Nadu, Rep. by its Secretary to Government, Finance (Pay Cell) Department, Fort St.George, Chennai - 600 009.
2.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.
3.The Director of School Education, DPI Compound, College Road, Chennai - 600 006.
4.The Joint Director (Vocational), Directorate of School Education, DPI Compound, College Road, Chennai - 600 006.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the respondents to take into 1/6
consideration, the 50% of the service rendered by the petitioner's husband as a part-time vocational instructor while calculating the pensionable service for calculating the pension quantum, subsequently, reflecting the same in the petitioner's family pension, based on the common order passed in W.A.Nos.2133, 2134, 2136 of 2019 dated 03.03.2023 and in the light of the petitioner's representation dated 02.04.2025. For Petitioner : Mr.R.Muruga Bharathi For Respondents : Mrs.S.Mythreye Chandru, Special Government Pleader
ORDER
The instant writ petition has been filed with a prayer for Mandamus, to direct the respondents to take into consideration, the 50% of the service rendered by the petitioner's husband as a part-time vocational instructor based on the common order passed in W.A.Nos.2133, 2134, 2136 of 2019 dated 03.03.2023 and in the light of the petitioner's representation dated 02.04.2025.
2. The learned counsel for the petitioner submits that the petitioner's husband who retired while serving as a vocational instructor, is entitled to have his past service from 01.12.1984 has to be taken into consideration for 2/6
the purpose of calculating pension. In this regard, the petitioner has submitted a representation on 02.04.2025 and such representation is pending consideration by the respondents.
3. At this juncture, the learned Special Government Pleader strongly objected the petitioner's contention and submitted that the issue of consideration of 50% past service for the purpose of pension calculation has already been adjudicated by this Court. It was further submitted that the petitioner has remained inactive in pursuing her claim and therefore she is not entitled to get any relief from the respondents.
4. I have given my anxious consideration to either side submissions and also perused the materials available on record.
5. Though the learned Special Government Pleader raised strong objections against the petitioner's contention, the fact remains that the petitioner's representation is still pending with the respondents. In view of such position, without going to the merits of the writ petition, this Court 3/6
deems it appropriate to direct the respondents to consider the petitioner's representation dated 02.04.2025 according to its own merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.
6. With the above observations, the Writ Petition stands disposed of. No costs.
25.07.2025 ssi Index : Yes Speaking Order : Yes/No 4/6
To:
1.The State of Tamil Nadu, Rep. by its Secretary to Government, Finance (Pay Cell) Department, Fort St.George, Chennai - 600 009.
2.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.
3.The Director of School Education, DPI Compound, College Road, Chennai - 600 006.
4.The Joint Director (Vocational), Directorate of School Education, DPI Compound, College Road, Chennai - 600 006.
C. KUMARAPPAN, J.
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