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Madras High CourtWP(MD)/835/2018allowed

C.Govindan, v. The State Of Tamil Nadu

2018-02-12Honourable Mr Justice G.R.Swaminathan3 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.835 to 839 of 2018 C.Govindan

...Petitioner in W.P.(MD).No.835 of 2018

M.Soundarajan

...Petitioner in W.P.(MD).No.836 of 2018

G.Sargunam Samuelraj ...Petitioner in W.P.(MD).No.837 of 2018 P.Rajani

...Petitioner in W.P.(MD).No.838 of 2018

N.Srinivasan

...Petitioner in W.P.(MD).No.839 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 Accountant General (Accounts and Entitlements), Accountant General Department, Chennai-625 018.

...Respondents 1 to 3 in all Petitions

4.The Chief Educational Officer, Nagercoil.

...4th Respondent in W.P.(MD).No.835 of 2018 4.The Chief Educational Officer, Tallakulam, Madurai. ...4th Respondent in W.P.(MD).No.836, 837 & 4.The Chief Educational Officer, Pudukottai, Pudukottai District.

...Respondent in W.P.(MD).No.

COMMON PRAYER: Writ petitions filed under Article 226 of the Constitution of India, praying to issue a Writs of Mandamus directing the respondents herein to take 50% of service rendered by the petitioners as part time vocational instructors i.e., from 25.11.1983 to 31.03.1990. 09.11.1979 to 31.03.1990, 23.11.1980 to 31.03.1990, 29.03.1986 to 11.11.1997 and 01.08.1985 to 15.10.1992 respectively and drawing consolidated pay along with regular service for calculating the qualifying service, for the purpose of 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, 26.08.2017, 26.08.2017, 04.09.2017 and 24.08.2017 within the time limit fixed by this Court.

(In all Writ Petitions) 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.

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

3.The petitioners in all these Writ Petitions seek issuance of Writs 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.All these Writ Petitions stand allowed. No costs. Sd/- Assistant Registrar (CS-I) /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 Accountant General (Accounts and Entitlements), Accountant General Department, Chennai-625 018.

4.The Chief Educational Officer, Nager Coil.

5.The chief Educational Officer, Tallakulam, Madurai.

6.The Chief Educational Officer, Pudukkotai District.

+1CC to Mr.R.Ragavendran Advocate in SR.No.48545. +1CC to Mr.P.Gunasekaran, Advocate in SR.No.48179. +1CC to Special Government Pleader in SR.No.48597. TSG DS/SV/SAR-2 : 06.07.2018: 3P/10C ORDER MADE IN W.P.(MD).Nos.835 to 839 of 2018 12.02.2018