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Madras High CourtWP/31610/2025disposed of

M.Sundaravadivelu v. The State Of Tamilnadu

2025-09-02Honourable Mr Justice A.D.Jagadish Chandira7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-09-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA WP No.31610 of 2025

1. M.Sundaravadivelu Retired Full Time Vocational Instructor, 5th Street, West, Golden City, Old Rto Office Opposite, Thuraimangalam, Perambalur District -621 220.

Petitioner(s) Vs

1. The State of Tamilnadu Rep By Its Secretary To Government, School Education Department, Fort St.

George, Chennai -9.

2.The Director Of School Education, DPI Compound, College Road, Chennai -6.

3.The Chief Educational Officer, O/o. The Chief Educational Officer, Perambalur District.

4.The District Educational Officer, O/o. The District Educational Officer, Perambalur District.

5.The Principal Accountant General, (Accounts And Entitlement), Nandanam, Annasalai, Chennai -18.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to direct the Respondents to count 50% Part-time services rendered by the Petitioner for the period from 23.03.1989 to 22.10.1998 along with his Regular Service, the purpose of Qualifying service for Pension and to confer all consequential Revision of Pension in the light of various orders of the Honble High Court and other benefits to the Petitioner. For Petitioner(s):

Mr.V.Ravikumar For Respondent:

Ms.S.Mythreye Chandru Special Government Pleader (Education) (For R1 to R4) Mr.A.N.R.Jayaprathap Standing Counsel (For R5)

ORDER

The writ petition has been filed for a Writ of Mandamus, to direct the Respondents to count 50% Part-time services rendered by the Petitioner for the period from 23.03.1989 to 22.10.1998 along with his Regular Service, for the

purpose of Qualifying service for Pension and to confer all consequential Revision of Pension in the light of various orders of the Hon'ble High Court and other benefits to the Petitioner.

2. Heard Mr.V.Ravikumar, learned counsel for the petitioner and Ms.S.Mythreye Chandru, learned Special Government Pleader (Education) for respondents 1 to 4 and Mr.A.N.R.Jayaprathap, learned Standing Counsel for the th respondent.

3. The case of the petitioner is that the petitioner was initially appointed as a Part-Time Vocational Instructor in the Panchayat Union Middle School, Neikuppai, Perambalur District on 23.03.1989 on consolidated pay and subsequently promoted to Full-Time Vocational Instructor with effect from 23.10.1998. After rendering more than 34 years of service, he retired on 30.06.2023. For pension purposes, only his regular service was taken into account and the 50% of the Part-Time service has not been considered.

4. The petitioner relies on several precedents, where similarly placed persons, including in W.P.No.39177 of 2002 and W.P.No.4556 of 2007 were granted revision of pensionary benefits by counting 50% of the Part-Time service along with the regular service. The petitioner submitted a representation dated 03.03.2025, seeking similar relief, which has not been considered by the respondents. Hence, the petitioner is constrained to move the present writ petition.

5. Considering the facts and circumstances of the case and in view of the limited prayer sought for in this writ petition, this Court, without going into the merits of the matter, directs the respondents to consider the case of the petitioner and pass orders on the representation submitted by the petitioner dated 03.03.2025 on its own merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. In fine, the writ petition stands disposed of. However, there shall be no order as to costs.

02-09-2025 (1/5) kak Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Secretary To Government, School Education Department, Fort St.

George, Chennai -9.

2.The Director Of School Education, DPI Compound, College Road, Chennai -6.

3.The Chief Educational Officer, O/o. The Chief Educational Officer, Perambalur District.

4.The District Educational Officer, O/o. The District Educational Officer, Perambalur District.

5.The Principal Accountant General, (Accounts and Entitlement), Nandanam, Annasalai, Chennai -18.

A.D.JAGADISH CHANDIRA, J.

kak (1/5) 02-09-2025