Madras High CourtWP(MD)/9543/2018allowed

P.Jeganathan v. The State Of Tamilnadu

2018-04-27Honourable Mr Justice T. S. Sivagnanam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P(MD)No.9543 of 2018 P.Jeganathan ... Petitioner Vs.

1.The State of Tamilnadu, Rep. by its Secretary, School Education Department, Fort St.George, Chennai - 09 2.The Joint Director (Vocational) of School Education, College Road, Chennai - 06.

3.The District Educational Officer, Periyakulam, Theni District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to take the 50% of the part time service rendered by the petitioner ie from 04.04.1986 to 12.11.1997 along with the regular service for the pension benefits i.e for the period of 23 years 3 months and 8 days based on the judgment dated 09.04.2014 passed in W.P.NO.16771 of 2013.

For Petitioner : Mr.R.Saravanan For Respondents : Mrs.S.Srimathy Special Government Pleader

O R D E R

Heard Mr.R.Saravanan, learned counsel for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader for the respondents.

2. The petitioner seeks for a direction to the respondents to take 50% of the part time service rendered by the petitioner ie from 04.04.1986 to 12.11.1997 along with the regular service for computing pensionary benefits.

3. The learned counsel for the petitioner submits that an identical issue was considered by the Division Bench of this Court in the appeal filed by the State Government in W.A.No.392 of 2017 https://hcservices.ecourts.gov.in/hcservices/

etc. batch dated 21.04.2017, where the appeals filed by the Government were dismissed and 50% of the part time service was directed to be taken into account for computing total length of service for the purpose of computing pension.

4. The learned Special Government Pleader also agrees that the issue involved in the writ petition is squarely covered by the Judgment of the Division Bench of this Court.

5. In the light of the above, the writ petition is allowed as prayed for and the respondents are directed to take into 50% of part time service rendered by the petitioner for the purpose of computing the total length of service and consequential entitlement of pensionary benefits. Appropriate orders in this regard be passed within a period of three months from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To 1.The Secretary,School Education Department, Fort St.George, Chennai - 09 2.The Joint Director (Vocational) of School Education, College Road,Chennai - 06.

3.The District Educational Officer, Periyakulam, Theni District.

+1CC to Mr.R.Saravanan, Advocate, SR.No. 64394 +1CC to the Special Government Pleader SR.No.65012 W.P(MD)No.9543 of 2018 27.04.2018 CM AM/SKN RSK/SAR 4/21.05.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/