S.Akilandeswari, v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)Nos.8081 to 8107 of 2019 S.AKILANDESWARI, ... Petitioner in WP(MD). 8081/ 2019 N.ARUNMOZHI, ... Petitioner in WP(MD). 8082/ 2019 R.JEEVANANDHAM, ... Petitioner in WP(MD). 8083/ 2019 M.MATHIALAGAN, ... Petitioner in WP(MD). 8084/ 2019 M.SELVARAJ, ... Petitioner in WP(MD). 8085/ 2019 M.PADMANABAN, ... Petitioner in WP(MD). 8086/ 2019 S.SUSILA, ... Petitioner in WP(MD). 8087/ 2019 M.VANAJA, ... Petitioner in WP(MD). 8088/ 2019 J.ALLAUDDIN, ... Petitioner in WP(MD). 8089/ 2019 R.VENKATESAN, ... Petitioner in WP(MD). 8090/ 2019 A.N.DHANASEKARAN, ... Petitioner in WP(MD). 8091/ 2019 P.ELANGO, ... Petitioner in WP(MD). 8092/ 2019 M.MANIMARAN, ... Petitioner in WP(MD). 8093/ 2019 K.RAMASUBRAMANIAN, ... Petitioner in WP(MD). 8094/ 2019 R.SARPRASATHA MARY SUGUNA ... Petitioner in WP(MD). 8095/ 2019 P.

SARAVANAKUMAR ... Petitioner in WP(MD). 8096/ 2019 D.THOPPA RAJAN, ... Petitioner in WP(MD). 8097/ 2019 P.PITCHAIKANI, ... Petitioner in WP(MD). 8098/ 2019 D.VIJAYALAKSHMI, ... Petitioner in WP(MD). 8099/ 2019 V.SABAPATHY, ... Petitioner in WP(MD). 8100/ 2019 S.JOTHI BAI JEYAKUMARI, ... Petitioner in WP(MD). 8101/ 2019 D.TAMILSELVI VASANTHA, ... Petitioner in WP(MD). 8102/ 2019 M.MOHAMED THASIN, ... Petitioner in WP(MD). 8103/ 2019 S.SAMSU NAZER, ... Petitioner in WP(MD). 8104/ 2019 S.DHAKSHINAMOORTHY ... Petitioner in WP(MD). 8105/ 2019 A.JOHN PETER, ... Petitioner in WP(MD). 8106/ 2019 G.KOTHANDARAMANUJAM ... Petitioner in WP(MD).

Vs.

1.THE STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI - 600 009.

2.THE DIRECTOR OF SCHOOL EDUCATION, D.P.I CAMPUS, COLLEGE ROAD, CHENNAI.

..RESPONDENTS 1 AND 2 IN ALL WP'S 3.THE CHIEF EDUCATIONAL OFFICER, THANJAVUR.

..3rd RESPONDENT IN WP(MD)Nos.

8081, 8082, 8083, 8084, 8086, 8087, THE CHIEF EDUCATIONAL OFFICER, RAMANATHAPURAM DISTRICT.

..3RD RESPONDENT IN WP(MD)8085 OF 2019 THE CHIEF EDUCATIONAL OFFICER, TRICHY, TRICHY DISTRICT.

..3RD RESPONDENT IN WP(MD)8089, 8090, 8091, 8092, 8093,8094, 8095 OF 2019 THE CHIEF EDUCATIONAL OFFICER, DINDIGUL, DINDIGUL DISTRICT.

..3RD RESPONDENT IN WP(MD)8096, 8097, 8098, 8099 OF 2019.

THE CHIEF EDUCATIONAL OFFICER, PUDUKKOTTAI DISTRICT.

..3RD RESPONDENT IN WP(MD)8100 OF 2019.

THE CHIEF EDUCATIONAL OFFICER, TUTICORIN, TUTICORIN DISTRICT. 628 002.

..3RD RESPONDENT IN WP(MD)8101 AND 8102 OF 2019 THE CHIEF EDUCATIONAL OFFICER, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

..3RD RESPONDENT IN WP(MD)8103, 8104 AND 8106 OF 2019.

THE CHIEF EDUCATIONAL OFFICER, KARUR, KARUR DISTRICT.

..3RD RESPONDENT IN WP(MD)8105 OF 2019

THE CHIEF EDUCATIONAL OFFICER, TIRUNELVELI, TIRUNELVELI DISTRICT.

..3RD RESPONDENT IN WP(MD)8107 OF 2019.

Prayer in WP(MD). 8081/ 2019 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to take 50% of service rendered by the petitioner as part time Vocational Instructor drawing consolidated pay between 23.12.1989 to 21.05.1995 along with regular service from 22.05.1995 for calculating the qualifying Rule 43(2) of the Tamil Nadu Pension Rules and to sanction pension the petitioner's representation, dated 18.08.2018. Prayer in WP(MD). 8082/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 20/09/1996 to 09/06/2002 along with regular service from 10/06/2002 for calculating the qualifying petitioners representation dated: 09.08.2018. Prayer in WP(MD).

8083/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 25.08.1986 to 15.10.1992 along with regular service from 16.10.1992 for calculating the qualifying petitioners representation dated: 09.08.2018. Prayer in WP(MD). 8084/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 25.08.1986 to 15.10.1992 along with regular service from 16.10.1992 for calculating the qualifying petitioners representation dated: 18.08.2018. Prayer in WP(MD).

drawing consolidated pay between 09/11/1987 to 15/10/1992 along with regular service from 16/10/1992 for calculating the qualifying petitioners representation dated: 18.08.2018. Prayer in WP(MD). 8086/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 10.08.1988 to 15.10.1992 along with regular service from 16.10.1992 for calculating the qualifying petitioners representation dated: 09.08.2018. Prayer in WP(MD). 8087/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 20.09.1996 to 09.06.2002 along with regular service from 10.06.2002 for calculating the qualifying petitioners representation dated: 09.08.2018. Prayer in WP(MD).

8088/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 25/08/1986 to 15/10/1992 along with regular service from 16/10/1992 for calculating the qualifying petitioners representation dated: 18.08.2018. Prayer in WP(MD). 8089/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 01.07.1987 to 15.10.1992 along with regular service from 16.10.

petitioners representation dated: 09.10.2018. Prayer in WP(MD). 8090/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 01.07.1987 to 15.10.1992 along with regular service from 16.10.1992 for calculating the qualifying petitioners representation dated: 09.10.2018. Prayer in WP(MD). 8091/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 16/01/1986 to 15/10/1992 along with regular service from 16/10/1992 for calculating the qualifying petitioners representation dated: 09.10.2018. Prayer in WP(MD). 8092/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 09/01/1987 to 15/10/1992 along with regular service from 16/10/1992 for calculating the qualifying petitioners representation dated: 09.10.2018. Prayer in WP(MD).

8093/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 06.10.1986 to 15.10.1992 along with regular service from 16.10.1992 for calculating the qualifying petitioners representation dated: 02.10.2018. Prayer in WP(MD).

regular service from 01/04/1990 for calculating the qualifying petitioners representation dated: 02.10.2018. Prayer in WP(MD). 8095/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 16.10.1989 to 20.12.1994 along with regular service from 21.12.1994 for calculating the qualifying petitioners representation dated: 02.10.2018. Prayer in WP(MD). 8096/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 20.09.1996 to 09.06.2002 along with regular service from 10.06.2002 for calculating the qualifying petitioners representation dated: 02.10.2018. Prayer in WP(MD). 8097/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 20/09/1996 to 09/06/2002 along with regular service from 10/06/2002 for calculating the qualifying petitioners representation dated: 02.10.2018.

Prayer in WP(MD). 8098/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 20.09.1996 to 09.06.2002 along with regular service from 10.06.2002 for calculating the qualifying petitioners representation dated: 02.10.2018. Prayer in WP(MD).

drawing consolidated pay between 20.09.1996 to 09.06.2002 along with regular service from 10.06.2002 for calculating the qualifying petitioners representation dated: 09.10.2018. Prayer in WP(MD). 8100/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 01/09/1988 to 15/10/1992 along with regular service from 16/10/1992 for calculating the qualifying petitioners representation dated: 09.10.2018. Prayer in WP(MD). 8101/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 01.06.1987 to 30.06.1996 along with regular service from 01.07.1996 for calculating the qualifying petitioners representation dated: 07.11.2018. Prayer in WP(MD). 8102/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 03.07.1990 to 22.09.1994 along with regular service from 23.09.

1994 for calculating the qualifying petitioners representation dated: 07.11.2018. Prayer in WP(MD). 8103/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 01.08.1986 to 15.10.1992 along with regular service from 16.10.1992 for calculating the qualifying petitioners representation dated: 02.10.2018.

Prayer in WP(MD). 8104/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 23/06/1987 to 15/10/1992 along with regular service from 16/10/1992 for calculating the qualifying petitioners representation dated: 02.10.2018. Prayer in WP(MD). 8105/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 29.08.1986 to 15.10.1992 along with regular service from 16.10.1992 for calculating the qualifying petitioners representation dated: 02.10.2018. Prayer in WP(MD). 8106/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 01.07.1989 to 15.10.1992 along with regular service from 16.10.1992 for calculating the qualifying petitioners representation dated: 17.09.2018. Prayer in WP(MD). 8107/ 2019 : Writ Petition is filed under Article drawing consolidated pay between 21.09.1989 to 29.01.1995 along with regular service from 30.01.1995 for calculating the qualifying petitioners representation dated: 02.10.2018. For Petitioner : Mr.R.Ragavendran For Respondents : Mrs.S.Srimathy, Special Government Pleader.

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 Instructors and disburse the arrears accordingly.

2.The case of the petitioners is that seeking re-fixation 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. 3.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.

4.The learned counsel for the petitioners also brought to the notice of this Court to the decision of the writ appeals in W.A.No.359 of 2015 and W.A.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. 5.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. 6.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.

7. 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.

8.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 twleve weeks from the date of receipt of a copy of this order. 9.All the Writ Petitions are disposed of, on the above terms. No costs.

Sd/- Assistant Registrar (T AND P) // True Copy // Sub Assistant Registrar(CS ) ps

To 1.THE SECRETARY TO GOVERNMENT, REP. BY THE STATE OF TAMIL NADU, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI - 600 009.

2.THE DIRECTOR OF SCHOOL EDUCATION, D.P.I CAMPUS, COLLEGE ROAD, CHENNAI.

3.THE CHIEF EDUCATIONAL OFFICER, THANJAVUR.

4.THE CHIEF EDUCATIONAL OFFICER, RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

5.THE CHIEF EDUCATIONAL OFFICER, TRICHY.

6.THE CHIEF EDUCATIONAL OFFICER, DINDIGUL.

7.THE CHIEF EDUCATIONAL OFFICER, PUDUKKOTTAI.

8.THE CHIEF EDUCATIONAL OFFICER, TUTICORIN.

9.THE CHIEF EDUCATIONAL OFFICER, KARUR.

10.THE CHIEF EDUCATIONAL OFFICER, TIRUNELVELI DISTRICT. TIRUNELVELI.

1CC TO THE SPL GOVT PLEADER SR 59275 27CC'S TO MR.R. RAGAVENDRAN, ADVOCATE SR 59462 KK 22/05/2019 11P/39C WP(MD)Nos.8081 to 8107 of 2019 04.04.2019