P.Chidambaravadivu v. The Branch Officer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12-11-2025 CORAM :
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.28342 of 2025 and WMP(MD).No.22026 of 2025 P.Chidambaravadivu
...Petitioner
Vs 1.The Branch Officer, The Accountant General, Office of Accountant General, 361, Annasalai, Chennai.
2. The Chief Educational Officer, Tirunelveli, Tirunelveli District.
3. The District Educational Officer, Cheranmahadevi, Tirunelveli District.
4. The Correspondent, Senaithalaivar Higher Secondary School, Vickramasingapuram, Tirunelveli District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS, calling for the records relating to the 1st respondent impugned order of the in so far as No.P25/12520513/1/R2520513 dated 1/6
06.06.2019 in calculating the pension for 18 years 01 months 29 days of service and consequential order of the passed by 3rd respondent in Na.Ka.No.1697/A1/2021 dated 07.07.2022 as illegal and quash the same and consequently direct the respondent to revise the pension pay by taking the qualifying service as 23 years 04 months 30 days instead of 18 years 01 months 29 days and disburse arrears and all other monitory benefits within stipulated period as fixed by this Hon'ble court and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : M/s.S.Chella Pandian For Respondents : M/s.N.Satheesh Kumar, Additional Government Pleader For R2 and R3
O R D E R
This Writ Petition has been filed challenging the impugned order passed by the 1st respondent in No.P25/12520513/1/R2520513 dated 06.06.2019 in calculating the pension for 18 years 01 months 29 days of service and consequential order of the passed by 3rd respondent in Na.Ka.No.1697/A1/2021 dated 07.07.2022 and seeking consequential direction to the respondent to revise the pension pay by taking the qualifying service as 23 years 04 months 30 days instead of 18 years 01 months 29 days and disburse arrears and all other monitory benefits. 2/6
2. In this writ petition, it is the claim of the petitioner that, under the impugned order, the first respondent had returned the proposal of the third respondent to count the service of the petitioner rendered prior to the child psychology training from the date of his initial appointment for the purpose of calculating the benefits of selection grade and special grade.
3.The aforesaid issue is no longer res integra. The Division Bench of this Court in W.A(MD)No.249 of 2022 dated 02.04.2024 (The State of Tamil Nadu, Rep by its Secretary, Education Department Vs. Pallivasal Primary School, Rep by its Correspondent, Mudukulathur) has settled the said issue. Following the aforesaid judgment, the learned Single Judge of this Court in W.P(MD)No.4968 of 2024 had held that the first respondent therein was not right in excluding the period from the date of appointment till the certificate for child psychology training was issued for the purpose of calculating pension and set aside the same by issuing a further direction to calculate the period from the date of the appointment till the completion of the said training for calculating the pension and disburse the benefits by fixing the time frame. 3/6
4.This Court is of the view that the aforesaid judgment would squarely apply to the present facts of the case. 5.In such view of the matter, the impugned order dated 06.06.2019 is set aside and the respondents are directed to count the service of the petitioner from the date of his appointment till the date of issuance of course certificate as pensionable service and refix the pension accordingly and disburse the arrears and all other monetary benefits within a period of 12 weeks from the date of receipt of a copy of this order.
6.The writ petition stands allowed accordingly. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
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To:
1.The Branch Officer, The Accountant General, Office of accountant General, 361, Annasalai, Chennai.
2. The Chief Educational Officer, Tirunelveli, Tirunelveli District.
3. The District Educational Officer, Cheranmahadevi, Tirunelveli District.
4. The Correspondent, Senaithalaivar Higher Secondary School, Vickramasingapuram, Tirunelveli District.
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K.KUMARESH BABU , J.
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