I. Arunachalam v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2025

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Arunachalam ... Petitioner Vs.

1. The Director of School Education, Chennai.

2. The Accountant General, (Accounts & Entitlement), Tamil Nadu, Chennai.

3. The Chief Educational Officer, Sivagangai District.

4. The Headmaster, Government Boys Higher Secondary School, Thiruppuvanam, Sivagangai District.

5. The State of Tamil Nadu, Represented by its Secretary, School Education Department, Secretariat, Chennai.

(R-5 is impleaded as per order dated 20.01.2025 in WMP.(MD)No.1051 of 2025 by R.V.J.) ... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to calculate 50% of part time services rendered by the petitioner i.e., from 12.02.1990 to 11.11.1997 totally 7 years 8 months and 30 days along with regular service for pension benefits with all consequential benefits by considering the petitioner representation dated 18.04.2024.

For Petitioner : Mr.V.Panneer Selvam For R1, R3 to R5 : Mr.N.Satheesh Kumar Additional Government Pleader Standing Counsel For R2 : P.Gunasekaran

ORDER

The instant writ petition has been filed by the retired Pre-Vocational Instructor (Agriculture) seeking a mandamus to direct the respondents to calculate 50% of his part time services between 12.02.1990 to 11.11.1997 along with regular service for the pensionable benefits based upon his representation dated 18.04.2024.

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2. A perusal of the affidavit reveals that the petitioner was initially appointed as a Pre-Vocational Instructor in Panchayat Union Middle School on 12.02.1990. The petitioner services were regularized as full time employee on 12.11.1997. The petitioner attained superannuation on 31.05.2024. The pensionable benefits were calculated only from 12.11.1997 and therefore, the petitioner has given representation to the 3rd respondent on 18.04.2024 seeking to calculate the 50% of his part time services from 12.02.1990 for the purposes of pensionable service. Since the same was not considered, the present writ petition has been filed.

3. Considering the said facts the 3rd respondent herein is directed to consider the said representation and forward the same to the 5th respondent herein within a period of eight (8) weeks from the date of receipt of a copy of this order. The 5th respondent shall consider the said proposal and pass orders on merits and in accordance with law within a period of twelve (12) weeks thereafter.

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4. The Writ Petition is disposed of with the above observations and directions. No costs.

20.01.2025 (2/2) NCC :yes/No Index :yes/No Internet:yes/No rgm To

1. The Director of School Education, Chennai.

2. The Accountant General, (Accounts & Entitlement), Tamil Nadu, Chennai.

3. The Chief Educational Officer, Sivagangai District.

4. The Headmaster, Government Boys Higher Secondary School, Thiruppuvanam, Sivagangai District.

5. The Secretary, The Government of Tamil Nadu, School Education Department, Secretariat, Chennai.

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R.VIJAYAKUMAR , J.

rgm 20.01.2025 (2/2) 5/5