A.Ruby Malliga v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.03.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos. 25585, 25559, 25563, 25564, 25566, 25571, 25573 25574, 25577, 25582 & 25598 of 2018 1 A.RUBY MALLIGA ... PETITIONER in WP No.25585 of 2018 1 T.MOORTHY ... PETITIONER in WP No.25559 of 2018 1 M.HARIHARAN ... PETITIONER in WP No.25563 of 2018 1 R.PADMINI ... PETITIONER in WP No.25564 of 2018 1 R.THIRUNVUKKARASU ... PETITIONER in WP No.25566 of 2018 1 R.ABRAHAM BOSE KENNADY ... PETITIONER in WP No.25571 of 2018 I V.VELMURUGAN ... PETITIONER in WP No.25573 of 2018 1 S.KUMAR ... PETITIONER in WP No.25574 of 2018 1 A.SUJATHA ... PETITIONER in WP No.25577 of 2018 1 M.A.VASANTHI ... PETITIONER in WP No.25582 of 2018 1 B.RAJAGOPALAN ... PETITIONER in WP No.25598 of 2018 VS 1 THE GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY SCHOOL EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI.

2 THE DIRECTOR OF SCHOOL EDUCATION, CHENNAI-600 006.

3 THE JOINT DIRECTOR - VOCATIONAL, CHENNAI-600 006. ...RR1 TO R3 IN ALL WPS THE CHIEF EDUCATIONAL OFFICER GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL ...R4 AND R5 IN W.P.25585/18 THE CHIEF EDUCATIONAL OFFICER, VILLUPURAM DISTRICT. GOVERNMENT BOYS HIGHER SECONDARY SCHOOL THIRUKOILUR VILLUPURAM DISTRICT.

...R4 AND R5 IN W.P.25559/18

THE CHIEF EDUCATIONAL OFFICER GOVERNMENT HIGHER SECONDARY SCHOOL SITHALAMPATTU, VILLUPURAM DISTRICT.

...R4 AND R5 IN W.P.25563 THE CHIEF EDUCATIONAL OFFICER CUDDALORE DISTRICT.

THE SECRETARY S.A SUBBARAYA CHETTIAR GIRLS HR. SECONDARY SCHOOL, PANRUTTI, CUDDALORE DISTRICT. ...R4 AND R5 IN W.P.25564 OF 2018 THE CHIEF EDUCIATIONAL OFFICER, GOVERNMENT BOYS HR. SECONDARY SCHOOL, MALLAVADI, ...R4 AND R5 IN W.P.25566 OF 2018 THE CHIEF EDUCATIONAL OFFICER, THE SECRETARY, DANISH MISSION HIGHER SECONDARY SCHOOL, THIRUVANNAMALAI. ...R4 AND R5 IN W.P.NO.25571 OF 2018 THE CHIEF EDUCATIONAL OFFICER, KANCHEEPURAM.

THE SECRETARY, ANDERSON HIGH SECONDARY SCHOOL, KANCHEEPURAM, KANCHEEPURAM DISTRICT.

...R4 AND R5 IN W.P.NO.25573 OF 2018 THE CHIEF EDUCATIONAL OFFICER, SUNDARAM GOVERNMENT HR.SECONDARY SCHOOL, THIRUMAZHISAI, THIRUVALLUR DISTRICT. ... R4 AND R5 IN W.P.NO.25574 OF 2018 THE CHIEF EDUCATIONAL OFFICER,

GOVERNMENT GIRLS HR.SECONDARY SCHOOL, VANDAVASI, ...R4 AND R5 IN W.P.NO.25577 OF 2018 THE CHIEF EDUCATIONAL OFFICER, THE HEAD MASTER, GOVERNMENT HR.SECONDARY SCHOOL, KADAMBATHUR, ...R4 AND R5 IN W.P.NO.25582 OF 2018 THE CHIEF EDUCATIONAL OFFICER, VELLORE DISTRICT.

THE HEAD MASTER, GOVERNMENT GR SECONDARY SCHOOL, KATPADI, VELLORE DISTRICT.

...R4 AND R5 IN W.P.NO.25598 OF 2018 Prayer in W.P.No.25585 of 2018: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take into account 50% of the service rendered by the petitioner from initial appointment till regularization (i.e., 01.09.1982 to 04.10.1996, 2.6.1986 TO 15.10.92, i.e., 25.7.84 to 31.3.90, i.e., 15.7.1987 to 15.10.1992, i.e., 8.8.1984 to 1.4.1990, i.e., 13.12.1989, to 21.2.1995, i.e., 11.11.1987 to 15.10.1992, i.e., 6.6.1986 to 15.10.92, i.e., 10.1.1983 to 15.10.1992, i.e., 10.12.1982 to 26.5.1992, i.e., 15.7.1987 to 15.10.92) for the purpose of retirement benefits, including pension.

For Petitioners: Mr.R.Saravana Kumar For Respondents: Mr.A.Raja Perumal Additional Government Pleader ...in all 11 WPs.

COMMON ORDER The relief as such sought for in these writ petitions is for a direction to direct the respondents to take into account 50% of the service rendered by the petitioners from initial appointment till regularization for the purpose of retirement benefits, including pension.

2. The learned Additional Government Pleader appearing on behalf of the respondents now brought to the notice of this Court that the claim set out in these present writ petitions were considered by the Government and an order was issued in G.O.Ms.No.194, School Education Department, dated 12.09.2018. As per the Government Orders, the 50% of the services are taken into account for the purpose of reckoning qualifying services for grant of pensionery benefits.

3. The Government considered the claim of the writ petitioners and passed an order redressing the grievances of the writ petitioners.

4. Thus, no further adjudication needs to be entertained in respect of the grounds raised in these writ petitions. It is made clear that the benefits granted in G.O.Ms.No.194, School Education Department, dated 12.09.2018 shall be extended to these writ petitioners, if they are otherwise qualified as per the conditions prescribed in the G.O.Ms.No.194.

5. With these directions, all these writ petitions stand disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.THE GOVERNMENT OF TAMIL NADU, REP.BY ITS SECRETARY, SCHOOL EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009.

2.THE DIRECTOR OF SCHOOL EDUCATION, CHENNAI - 600 006.

3.THE JOINT DIRECTOR - VOCATIONAL, CHENNAI - 600 006.

4.THE CHIEF EDUCATIONAL OFFICER,

5.THE HEAD MASTER, GOVT. GIRLS HR. SECONDARY SCHOOL, VILLUPURAM.

6. THE CHIEF EDUCATIONAL OFFICER CUDDALORE DISTRICT.

7.THE CHIEF EDUCIATIONAL OFFICER, 8.THE CHIEF EDUCATIONAL OFFICER, KANCHEEPURAM.

9.THE CHIEF EDUCATIONAL OFFICER, 10.THE CHIEF EDUCATIONAL OFFICER, VELLORE DISTRICT.

11.THE HEAD MASTER GOVERNMENT BOYS HIGHER SECONDARY SCHOOL THIRUKOILUR VILLUPURAM DISTRICT.

12.THE HEAD MASTER GOVERNMENT HIGHER SECONDARY SCHOOL SITHALAMPATTU, VILLUPURAM DISTRICT.

13.THE HEAD MASTER GOVERNMENT BOYS HR. SECONDARY SCHOOL, MALLAVADI, 14.THE HEAD MASTER SUNDARAM GOVERNMENT HR.SECONDARY SCHOOL, THIRUMAZHISAI, 15.THE HEAD MASTER GOVERNMENT GIRLS HR.SECONDARY SCHOOL, VANDAVASI, 16.THE HEAD MASTER, GOVERNMENT HR.SECONDARY SCHOOL, KADAMBATHUR,

17.THE HEAD MASTER, GOVERNMENT GR SECONDARY SCHOOL, KATPADI, VELLORE DISTRICT.

+1cc to the Government Pleader Sr.25692 W.P.Nos. 25585, 25559, 25563, 25564, 25566, 25571, 25573 25574, 25577, 25582 & 25598 of 2018 ks[co] srg 03/07/2019