Madras High CourtWP/31614/2025disposed of

C.Arul Mary, v. The State Of Tamilnadu

2025-09-02Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-09-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA C.Arul Mary, Retired Full Time Vocational Instructor,1-327/25,Sereescut, Imberial Garden,Thachur,Aruvikkarai(post), Kanniyakumari District.

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, School Education, DPI Compound, College Road, Chennai -6.

3.The District Elementary Educational Officer, O/o. The District Elementary Educational Officer, , Nagarkovil, Kanniyakumari District.

4.The Block (Elementary) Educational Officer,

O/o. The Block(Elementary) Educational Officer, Thiruvattar, Kanniyakumari 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 percentage Part-time services rendered by the Petitioner for the period from 01.03.1989 to 11.11.1997 along with her 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 Hon'ble High Court and other benefits to the Petitioner For Petitioner(s):

Mr.V.Ravikumar For Respondent(s):

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 01.03.1989 to 11.11.1997 along with her 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 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 Punitha Joseph Middle School, Puththankadai on 01.03.1989 on consolidated pay and subsequently promoted to Full-Time Vocational Instructor with effect from 12.11.1997. After rendering more than 28 years of service, she retired on 31.12.2017. For pension purposes, only her 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 16.04.2025, 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 16.04.2025 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 (2/5) 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 District Elementary Educational Officer, O/o. The District Elementary Educational Officer, , Nagarkovil, Kanniyakumari District.

4.The Block (elementary) Educational Officer, O/o. The Block(elementary) Educational Officer, Thiruvattar, Kanniyakumari District. 5.The Principal Accountant General, (Accounts And Entitlement), Nandanam, Annasalai, Chennai -18.

A.D.JAGADISH CHANDIRA, J.

kak (2/5) 02-09-2025