Madras High CourtWP(MD)/22062/2018disposed of

K.Murugan, v. The State Of Tamil Nadu,

2018-10-29Honourable Mr Justice S. Vaidyanathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)Nos.22062 to 22075 of 2018 1 K.MURUGAN ... Petitioner in WP(MD)No. 22062/ 2018 2 K.BARATHI ... Petitioner in WP(MD)No. 22063/ 2018 3 G.VASANTHA SELVARAJ ... Petitioner in WP(MD)No. 22064/ 2018 4 S.GUNASEKARA PANDIAN ... Petitioner in WP(MD)No. 22065/ 2018 5 M.MURUGAMANI ... Petitioner in WP(MD)No. 22066/ 2018 6 J.FANNY JOYCE VICTORIA ... Petitioner in WP(MD)No. 22067/ 2018 7 J.DAVID KIRUBAGARAN ... Petitioner in WP(MD)No. 22068/ 2018 8 A.KANNAN ... Petitioner in WP(MD)No. 22069/ 2018 9 M.NARAYANAN NAIR ... Petitioner in WP(MD)No. 22070/ 2018 10 B.VELAYUDHAM PILLAI ... Petitioner in WP(MD)No. 22071/ 2018 11 A.RAJAGURU ... Petitioner in WP(MD)No. 22072/ 2018 12 B.PETHUCHETTY ... Petitioner in WP(MD)No. 22073/ 2018 13 K.SELVARAJ ... Petitioner in WP(MD)No. 22074/ 2018 14 S.SUDANDHIRARAJA ... Petitioner in WP(MD)No. 22075/ 2018 - Vs. - 1 THE STATE OF TAMIL NADU, REP BY ITS SECRETARY, SCHOOL EDUCATION DEPARTMENT, FORT ST. GEORGE, CHENNAI-09.

2 THE JOINT DIRECTOR(VOCATIONAL) OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI-06. R1&R2 in all the WPs. 3 THE DISTRICT EDUCATIONAL OFFICER, ...R3 in WP(MD)Nos.22062, 22063, 22067 to 22069, 22073 & 22074/2018 4 THE DISTRICT EDUCATIONAL OFFICER, THAKKALAI EDUCATIONAL DISTRICT, THAKKALAI, KANYAKUMARI DISTRICT. ... R3 in WP(MD)No. 22064/ 2018 5 THE DISTRICT EDUCATIONAL OFFICER, UTHAMAPALAYAM, THENI DISTRICT. ... R3 in WP(MD)No. 22065/ 2018

6 THE DISTRICT EDUCATIONAL OFFICER, UTHAMAPALAYAM EDUCATIONAL DISTRICT, UTHAMAPALAYAM,THENI DISTRICT-625533. : R3 in WP(MD)No. 22066/ 2018 7 THE CHIEF EDUCATIONAL OFFICER, NAGARKOVIL, KANYAKUMARI DISTRICT. ...R3 in WP(MD)No. 22070/ 2018 8 THE CHIEF EDUCATIONAL OFFICER, NAGARCOIL EDUCATIONAL DISTRICT, NAGARCOIL, KANYAKUMARI DISTRICT. ... R3 in WP(MD)No. 22071/ 2018 9 THE CHIEF EDUCATIONAL OFFICER, O/O. THE CHIEF EDUCATIONAL OFFICER, THENI DISTRICT. ... R3 in WP(MD)Nos.22072 & 22075/ 2018 Prayer in WP(MD) No.

22062/ 2018 :

service rendered by the petitioner i.e. from 10.12.1988 to 16.10.1992 along with the regulars service for the pension benefits i.e., for the period of 26 years 03 months 19 days on the judgment dated 09.04.2014 passed in W.P. No.16771 of 2013 order passed by this Honourable Court.

Prayer in WP(MD)No. 22063/ 2018 :

service rendered by the petitioner i.e. from 16.07.1979 to i.e., for the period of 25 years 02 months 08 days on the judgment dated 09.04.2014 passed in W.P. No.16771 of 2013 order passed by this Honourable Court.

Prayer in WP(MD)No. 22064/ 2018 :

service rendered by the petitioners Husband S.Selvaraj i.e. from 15/09/1978 to 04/10/1996 along with the regulars service for the pension benefits i.e., for the period of 23 years 08 months 06 days based on the judgment dated 09.04.2014 passed in W.P. No.16771 of 2013 order passed by this Honourable Court.

Prayer in WP(MD)No. 22065/ 2018 :

service rendered by the petitioner i.e. from 05.09.1985 to 16.10.1992 along with the regulars service for the pension benefits i.e., for the period of 29 years 02 months 06 days based on the

judgment dated 09.04.2014 passed in W.P. No.16771 of 2013 order passed by this Honourable Court.

Prayer in WP(MD)No. 22066/ 2018 :

service rendered by the petitioners Husband G.Muneeswaran i.e. from 03.10.1979 to 01.04.1990 along with the regular service for the pension benefits i.e., for the period of 27 years 10 months and 03 days based on the judgment dated 09.04.2014 passed in W.P. No.16771 of 2013 order passed by this Honourable Court. Prayer in WP(MD)No.22067/ 2018 :

service rendered by the petitioner i.e. from 01.09.1984 to i.e., for the period of 29 years and 06 months based on the judgment dated 09.04.2014 passed in W.P. No.16771 of 2013 order passed by this Honourable Court.

Prayer in WP(MD)No. 22068/ 2018 :

service rendered by the petitioner ie., from 04/10/1979 to 01/04/1990 along with the regulars service for the pension benefits i.e., for the period of 27years 5 months 10 days based on the judgment dated 09.04.2014 passed in W.P. No.16771 of 2013 order passed by this Honourable Court.

Prayer in WP(MD)No. 22069/ 2018 :

service rendered by the petitioner i.e. from 16.07.1979 to i.e., for the period of 28 years 03 months 08 days based on the judgment dated 09.04.2014 passed in W.P.No.16771 of 2013 order passed by this Honourable Court.

Prayer in WP(MD)No. 22070/ 2018 :

service rendered by the petitioners wife Late Ambika Kumari Amma i.e. from 26.08.1981 to 04.10.1996 along with the regulars service for the pension benefits i.e., for the period of 19 years 10 months and 29 days based on the judgment dated 09.04.2014 passed in W.P.No.16771 of 2013 order passed by this Honourable Court.

Prayer in WP(MD)No. 22071/ 2018 :

service rendered by the petitioner i.e. from 20.09.1982 to 11.11.1997 along with the regular service for the pension benefits i.e., for the period of 19 years 10 months 13 days based on the judgment dated 09.04.2014 passed in W.P. No.16771 of 2013 order passed by this Honourable Court.

Prayer in WP(MD)No. 22072/ 2018 :

service rendered by the petitioner ie., from 13/10/1986 to 16/10/1992 along with the regulars service for the pension benefits i.e., for the period of 28years 7months 17 days based on the judgment dated 09.04.2014 passed in W.P. No.16771 of 2013 order passed by this Honourable Court.

Prayer in WP(MD)No. 22073/ 2018 :

service rendered by the petitioner i.e. from 23.07.1979 to i.e., for the period of 26 years 01 months 23 days based on the judgment dated 09.04.2014 passed in W.P.No.16771 of 2013 order passed by this Honourable Court.

Prayer in WP(MD)No. 22074/ 2018 :

service rendered by the petitioner i.e. from 02.08.1984 to i.e., for the period of 29 years 06 months based on the judgment dated 09.04.2014 passed in W.P.No.16771 of 2013 order passed by this Honourable Court.

Prayer in WP(MD)No. 22075/ 2018 :

service rendered by the petitioner i.e. from 04.01.1988 to 16.10.1992 along with the regulars service for the pension benefits i.e., for the period of 28 years 06 days based on the judgment dated 09.04.2014 passed in W.P. No.16771 of 2013 order passed by this Honourable Court.

In all the WPs For Petitioners : Mr.R.Saravanan For Respondents : Mrs.S.Srimathy, Spl.G.P.

COMMON ORDER Mrs.S.Srimathy, learned Special Government Pleader takes notice for the respondents. By consent, these Writ petitions are taken up for final hearing.

2.The petitioner has come forward with the present Writ petition to issue a Writ of Mandamus, directing the respondents to take into consideration of 50% of part time service rendered by the petitioners along with the regular service for calculating pensionary benefits based on the order dated 09.04.2014 passed by this Court in W.P.No.16771 of 2013.

3.When the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents would submit that the Government has already passed G.O.Ms.No.194 dated 12.09.2018 extending the benefit by taking into consideration of 50% of the services rendered to the eligible candidates. In case, the petitioners fulfill the norms prescribed in the said G.O.and the same is applicable to them, the request of the petitioners may be considered and decision would be taken within a period of one month from the date of receipt of a copy of this order. These Writ petitions are disposed of accordingly. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS-III) To 1 THE SECRETARY, STATE OF TAMIL NADU, 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, 4 THE DISTRICT EDUCATIONAL OFFICER, THAKKALAI EDUCATIONAL DISTRICT, THAKKALAI, KANYAKUMARI DISTRICT.

5 THE DISTRICT EDUCATIONAL OFFICER, UTHAMAPALAYAM, THENI DISTRICT.

6 THE DISTRICT EDUCATIONAL OFFICER, UTHAMAPALAYAM EDUCATIONAL DISTRICT, UTHAMAPALAYAM,THENI DISTRICT-625533.

7 THE CHIEF EDUCATIONAL OFFICER, NAGARKOVIL, KANYAKUMARI DISTRICT.

8 THE CHIEF EDUCATIONAL OFFICER, NAGARCOIL EDUCATIONAL DISTRICT, NAGARCOIL, KANYAKUMARI DISTRICT.

9 THE CHIEF EDUCATIONAL OFFICER, O/O. THE CHIEF EDUCATIONAL OFFICER, 10 THE SPECIAL GOVERNMENT PLEADER, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+15 CC to Mr.R.Saravanan, Advocate, SR.No.92551 W.P.(MD)Nos.22062 to 22075 of 2018 29.10.2018 nbj ES/PM/SAR 3/19.12.2018/6P/26C