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Madras High CourtWP(MD)/829/2018allowed

M.Hasan Mohammed, v. The State Of Tamil Nadu

2018-02-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.829 to 833 of 2018 M.Hasan Mohammed

...Petitioner in W.P.(MD).No.829 of 2018

A.Lakshmi

...Petitioner in W.P.(MD).No.830 of 2018

N.Murugesan

...Petitioner in W.P.(MD).No.831 of 2018

K.Pushpanathan

...Petitioner in W.P.(MD).No.832 of 2018

R.Kannan

...Petitioner in W.P.(MD).No.833 of 2018

Vs.

1. The state Of TamilNadu 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 Accountant General (Accounts and Entitlements), Accountant General Department, Chennai-625 018.

4. The Chief Educational Officer, Trichy, Trichy District.

...Respondents in all 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 petitioners as part time vocational instructors i.e., from 16.09.1985 to 15.10.1992, 06.08.1980 to 31.03.1990, 15.07.1981 to 31.03.1990, 24.07.1979 to 31.03.1990, 15.07.1981 to 31.03.1990, drawing consolidated pay along with regular service for calculating the qualifying service, for the purpose pension and the quantum of pension under Rule 43(2) of the Tamil Nadu Pension Rules and to sanction pension and other pensionary benefits and also to pay arrears by considering petitioners representation dated 26.08.2017 within the time limit fixed by this Court.

For Petitioners : Mr.R.Ragavendran For R1, R2 & R4 : Mrs.S.Srimathy Special Government Pleader For R3 : Mr.P.Gunasekaran *** COMMON ORDER Heard the learned counsel on either side.

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2.By consent of both parties, the main Writ Petitions themselves are taken up for final disposal.

3.The petitioners in all these Writ Petitions seek issuance of Writ of Mandamus, for directing the respondents to take 50% of Service rendered by them as part time Vocational Instructors. They were drawing consolidated pay along with their regular service for calculating their 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).No.392 of 2017 etc batch. 5.Therefore, all these Writ Petitions stand allowed. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

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, Trichy, Trichy District.

+1CC to R.Ragavendran Advocate in SR.No.48544, +1CC to Special Government Pleader in SR.No.48674,48573. TSG DS/SV/MMS/SAR-1 :16.05.2018: 2P/6C ORDER MADE IN W.P.(MD).Nos.829 to 833 of 2018 12.02.2018 https://hcservices.ecourts.gov.in/hcservices/