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Madras High CourtWP/39424/2016disposed of

T.M.Thanjaimani v. Government Of Tamilnadu

2016-11-15Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.39424 to 39429 of 2016 T.M.Thanjaimani .. Petitioner in W.P.No.39424 of 2016 V.Narayani .. Petitioner in W.P.No.39425 of 2016 K.Vijaya .. Petitioner in W.P.No.39426 of 2016 G.Durairaj .. Petitioner in W.P.No.39427 of 2016 R.S.Sekaran .. Petitioner in W.P.No.39428 of 2016 T.Lalitha .. Petitioner in W.P.No.39429 of 2016 Vs.

1. Government of Tamil Nadu, Rep. by Secretary to Government, School Education Department, Fort St.George, 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.

.. Respondents 1 to 3 in all the Writ Petitions Nagapattinam District, Nagapattinam.

.. Fourth respondent in W.P.Nos.39424 and 39425 of 2016 Chennai District, Chennai..

..Fourth respondent in W.P.No.39426 of 2016 Tiruvannamalai District.

..Fourth respondent in W.P.No.39427 of 2016

Dharmapuri District, Dharmapuri.

.. Fourth respondent in W.P.No.39428 of 2016 Tiruvarur District, Tiruvarur.

.. Fourth respondent in W.P.No.39429 of 2016 Writ Petition No.39424 of 2016 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to count 50% of petitioner's service for a period from 24.11.1980 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 31.05.2010, 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.

Writ Petition No.39425 of 2016 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to count 50% of petitioner's service for a period from 20.06.1983 to 27.12.1992 as single and double part time Vocational Instructor along with regular service as Vocational Instructor for a period from 28.12.1992 to 31.10.2011, 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.

Writ Petition No.39426 of 2016 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to count 50% of petitioner's service for a period from 02.11.1978 to 31.03.1990 as single and double part time Vocational Instructor along with regular service as Vocational Instructor for a period from 01.04.1990 to 31.05.2013, 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.

Writ Petition No.39427 of 2016 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to count 50% of petitioner's service for a period from 24.07.1984 to 31.03.1990 as single and double part time Vocational Instructor along with regular service as Vocational Instructor for a period from 01.04.1990 to 31.07.2016, 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.

Writ Petition No.39428 of 2016 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to count 50% of petitioner's service for a period from 09.08.1984 to 31.03.1990 as single and double part time Vocational Instructor along with regular service as Vocational Instructor for a period from 01.04.1990 to 31.05.2016, 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.

Writ Petition No.39429 of 2016 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to count 50% of petitioner's service for a period from 28.08.1984 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 30.11.2012, 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.

For Petitioners : Mr.R.Saseetharan For Respondents : Mr.V.Anandhamoorthy, Addl.G.P.

ORDER

The petitioners have filed these Writ Petitions praying for issuance of Writs of Mandamus to direct the respondents to count 50% of petitioners' service for the respective period as single and double part time Vocational Instructor along with regular service as Vocational Instructor for the respective period, including 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.

2. When these Writ Petitions are taken up for hearing, learned counsel for the petitioners submitted that for the similar prayer, this Court in W.P.No.4408 of 2014, by order dated 14.02.2014, allowed the said Writ Petition, and the same was also confirmed by a Division Bench of this Court in W.A.No.359 of 2015, by judgment dated 16.03.2015. Hence, learned counsel prayed for granting similar relief in these Writ Petitions also.

3. Therefore, following the above orders, these Writ Petitions are allowed as prayed for. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar cs Copy to

1. Secretary to Government, School Education Department, Fort St.George, 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.

Nagapattinam District, Nagapattinam.

5. The Chief Educational Officer, Chennai District, Chennai..

6. The Chief Educational Officer, Tiruvannamalai District.

7. The Chief Educational Officer, Dharmapuri District, Dharmapuri.

8. The Chief Educational Officer, Tiruvarur District, Tiruvarur.

+ 1 cc to Government Pleader Sr.66105 W.P.Nos.39424 to 39429 of 2016 RSY(CO) EU 21.12.16