T.Kalyana Kumar, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2018
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.795 to 797 of 2018 T.Kalyana Kumar
...Petitioner in W.P.(MD).No.795 of 2018
G.John Rajamani
...Petitioner in W.P.(MD).No.796 of 2018
P.Ganapathiappan
...Petitioner in W.P.(MD).No.797 of 2018
Vs.
1.The State of Tamil Nadu, Represented by its Secretary to Government, School Education Department, Secretariat, Chennai-9.
2.The Director of School Education, D.P.I. Campus, College Road, Chennai.
3.The Chief Educational Officer, Tuticorin, Tuticorin.
...Respondents in all Writ
Petitions COMMON PRAYER: Writ petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to take 50% of service rendered by the petitioner as part time vocational instructors i.e. From 02.08.1985 to 15.10.1992, 09.09.1985 to 15.10.1992 and 11.12.1984 to 31.03.1990, drawing consolidated pay along with regular service for calculating the qualifying service, for the pension purpose and the quantum of pension under Rule 43(2) of the Tamil Nadu Pension Rules by considering petitioners representation dated 24.08.2017, 26.08.2017 and 26.08.2017.
In all Writ Petitions For Petitioners : Mr.R.Ragavendran For Respondents : Mrs.S.Srimathy Special Government Pleader *** COMMON ORDER Heard the learned counsel on either side.
2.By consent of both the parties, the main Writ Petitions themselves are taken up for final disposal.
https://hcservices.ecourts.gov.in/hcservices/
3.The petitioners in all these Writ Petitions seek issuance of a Writ of Mandamus, directing the respondents to take 50% of Service rendered by them as part time Vocational Instructors. When they were drawing consolidated pay along with regular service for calculating their qualifying service for the purpose of pension. 4.The learned counsel on either side fairly submitted that the issue on hand has already been answered in favour of the petitioners by order dated 21.04.2017 in W.A.(MD).Nos.392 of 2017 etc., batch.
4.Therefore the respondents are directed to take 50% of Service rendered by them as part time Vocational Instructors when they were drawing consolidated pay along with regular service for calculating their qualifying service for the purpose of pension. 5.In view of the above decision, these Writ Petitions stand allowed. No costs.
Sd/ Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government The State of Tamil Nadu,, School Education Department, Secretariat, Chennai-9.
2.The Director of School Education, D.P.I. Campus, College Road, Chennai.
3.The Chief Educational Officer, Tuticorin, Tuticorin.
+1cc to M/s.Special Government Pleader,SR.No. 48574,48311 +1cc to Mr.R.RAGAVENDRAN, Advocate, SR.No. 48546 W.P.(MD).Nos.795 to 797 of 2018 12.02.2018 TSG KK/KKR/08.05.2018/SAR-4/2P-6C https://hcservices.ecourts.gov.in/hcservices/