S.Chandran, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)Nos.7198 to 7200, 7206, 7210, 7216 and 7229 of 2019 WP(MD)No.7198 of 2019 S.CHANDRAN ... PETITIONER IN WP(MD)NO.7198 OF 2019 MS.A.PONNGUZHALI ... PETITIONER(S) IN WP(MD). 7199/ 2019 MS.N.KUMUTHA KANNATHAL ... PETITIONER(S) IN WP(MD). 7200/ 2019 MRS.LAKSHMI ... PETITIONER(S) IN WP(MD). 7206/ 2019 S.RAJENDRAN, ... PETITIONER(S) IN WP(MD). 7210/ 2019 V.SURESH, ... PETITIONER(S) IN WP(MD). 7216/ 2019 KIRTHIGA, ... PETITIONER(S) IN WP(MD). 7229/ 2019 Vs.

1.THE STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, FORT SAINT GEORGE, CHENNAI - 600 009.

2.THE DIRECTOR OF SCHOOL EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI -600 006.

3.THE ACCOUNTANT GENERAL (ACCOUNTS AND ENTITLEMENTS), ACCOUNTANT GENERAL DEPARTMENT, CHENNAI - 625 018.

4.THE CHIEF EDUCATIONAL OFFICER, OFFICE OF THE CHIEF EDUCATIONAL OFFICER, SIVAGANGAI ... RESPONDENTS IN WP(MD)No.7198 TO 7200, 7206 AND 7210 OF 2019 THE DIRECTOR OF PERSONNEL DPI CAMPUS, COLLEGE ROAD, CHENNAI.

..3RD RESPONDENT IN WP(MD)No.7216 AND 7029 OF 2019.

1 THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVTERNMENT, SCHOOL EDUCATION DEPARTMENT., FORT ST. GEORGE, 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 OFFICE OF THE CHIEF EDUCATIONAL OFFICER, SIVAGANGAI. .. Respondent(s) in WP(MD). 7216/ 2019 AND 7229 OF 2019 PRAYER IN WP(MD)No.7198 OF 2019: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus direct the respondents to consider the petitioner's representation dated 14.12.2018 and to grant the pension by considering 50% of his part time service period as Vocational Teacher for the purpose of pension and retirement benefits to the petitioner.

Prayer in WP(MD). 7199/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus to direct the respondent to consider the petitioners representation dated 14/12/2018 and to include 50% of my service period as part time vocational teacher in her service register for purpose of calculating the pension benefit .

Prayer in WP(MD). 7200/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus, to direct the respondents to consider the petitioners representation dated 20.11.2018 and to grant the pension by considering 50% of her part time service period as vocational teacher for the purpose of pension and retirement benefits to the petitioner.

Prayer in WP(MD). 7206/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, to direct the respondents to consider the petitioners representation dated 20.11.2018 and to include 50% of her service period as part time vocational teacher in her service Register for purpose of calculating the Pension benefit.

Prayer in WP(MD). 7210/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to consider the petitioners representation dated 08.11.2018 and to grant the pension by considering 50% of part time service period of the petitioner as vocational teacher for the purpose of pension and retirement benefits Prayer in WP(MD). 7216/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to consider the petitioners representation dated 20.11.2018 and to grant the pension by considering 50% of part time service period of the petitioner as vocational teacher for the purpose of pension and retirement benefits to me Prayer in WP(MD).

For Petitioner : Mr.V.Raghavachari For Respondent : Mrs.S.Srimathy, Nos.1,2 and 4 Special Government Pleader in WP(MD)No.7198 to 7204, 7206, 7210 of 2019 For Respondents 1,2,3 and 5 in WP(MD)Nos.7216 AND 7229 OF 2019:

Mrs.S.Srimathy, Special Government Pleader For Respondent : Mr.P.Gunasekaran Nos.3 and 4 in WP(MD)Nos.7214 and 7229 OF 2019 COMMON ORDER These writ petitions have been filed praying for a direction to the respondents to refix the petitioners' pension by counting 50% of their services rendered as part time Vocational Teachers and disburse the arrears accordingly.

2.By Consent, these writ petitions are taken up for final disposal at the stage of admission itself.

3.The case of the petitioners is that seeking refixation of pension by taking into account the 50% of services rendered by them, as part time Vocational Instructors, they submitted their respective representations and non consideration of those representations resulted in filing of the present writ petitions. 4.The learned Counsel for the petitioners submitted that the claim of the similarly placed persons had already been considered, by this Court in a batch of cases, in WP(MD)No.14365 of 2014, etc.,

dated 09.07.2018 wherein, a direction was issued to the authorities to revise the pension and to pay the arrears to them, within the time stipulated thereon.

5.The learned Counsel for the petitioners also brought to the notice of this Court the decision of writ appeals in WA No.359 of 2015 and WA No.882 of 2017, which covers the same issue and submitted that the respondents failed to consider the claim of the petitioners in the light of the said decision. 6.Per contra, the learned Special Government Pleader appearing for the respondents submitted that the said judgment of the writ appeal has been challenged before the Hon'ble Supreme Court by way of SLP, which is pending consideration. She also pointed out that various other issues have also to be considered, which are against the petitioners and the same will be looked into, before taking a decision with regard to the claim made by the petitioners. In addition to that, G.O.Ms.194, dated 12.08.2018 will also be taken into consideration, while considering the claim of the petitioners. 7.I have considered the rival submissions. In WP(MD)No.14365 of 2014 etc cases, this Court held as follows:

"44.In view of the aforesaid judgments, wherein the issue as has been putforth by the learned counsel for the petitioners, having been dealt with and decided more than once by the Writ Court and the same has been confirmed by the Division Bench of this Court more than once and in cases, where SLP preferred before the Hon'ble Supreme Court, wherein also the view taken by this Court

has been confirmed, all these petitioners are entitled to, for calculating 50% of the past services, rendered by each of the petitioners in the respective employment before they got absorbed by bringing them under the time scale of pay irrespective of the years of service, for the purpose of pensionary benefits. Hence, these petitioners also shall be entitled to get the same benefits and accordingly, all these writ petitions are fit to succeed. 45.

In the result, these writ petitions are allowed and the respective respondents in each of the writ petitions are hereby directed to take into account the 50% of the past services rendered by each of the petitioners either as Vocational Instructors or any other employment either as a Part Time / Full time / adhoc / temporary / daily wages employees before they brought in under the regular time scale of pay on permanent basis or absorption and by calculating the said 50% of their past service, pension eligibility and pension enhancement or difference of pay and pension shall be calculated and disbursed in favour of the respective petitioners.

After fixing the revised pension by taking into account the past 50% services, the revised pension arrears shall be calculated and to be disbursed to the petitioners within a period of 12 weeks from the date of receipt of a copy of this order. It is needless to mention that the petitioners shall continue to receive the revised pension. 8.However, the learned Special Government Pleader appearing for the respondents submitted that the said issue is to be considered at length, taking into consideration all the relevant materials.

9.In view of the rival submissions, the respondents are directed to consider the claim of the petitioners, seeking pension by adding 50% of their part time services and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing to the petitioners, within a period of twelve weeks from the date of receipt of a copy of this order. 10.All the writ petitions are disposed of, on the above terms. No costs.

SD ASSISTANT REGISTRAR ( CS II ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS ) dsk To 1.The Secretary, Department of School Education, Fort Saint George, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai -600 006.

3.The Accountant General (Accounts and Entitlements), Accountant General Department, Chennai - 625 018.

4.The Chief Educational Officer, Office of the Chief Educational Officer, Sivagangai

5. The Director of Personnel, DPI Campus, College Road, Chennai.

1cc TO MR. P. GUNASEELAN, ADVOCATE SR 57875 7CC'S TO MR. V. RAGHAVACHARI, ADVOCATE SR 56808 TO 56814 1CC TO THE SPL GOVT PLEADER SR 57374 TO 57382 KK 07/05/2019 8P/15C WP(MD)Nos.7198 to 7200, 7206, 7210, 7216 and 7229 of 2019 27.03.2019