Madras High Court
T.Karunakaran vs The State Of Tamil Nadu on 17 April, 2024
W.P.(MD).No.5321 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2024 CORAM THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD).No.5321 of 2024 and W.M.P.(MD).No.5100 of 2024 T.Karunakaran ... Petitioner Vs. 1.The State of Tamil Nadu, Represented by its, Secretary to Government, School Education Department, Fort St.George, Chennai – 600 009. 2.The Director of Elementary Education, D.P.I.Compound, College Road, Chennai – 600 061. 3.The Chief Educational Officer, Dindigul District, Dindigul. 4.The District Elementary Educational Officer, Office of the District Elementary Education, Ottanchathiram. 5.The Principal Accountant General, Office of the Accountant General (A&E) Tamil Nadu, No.361, Anna Salai, Teynampet, Chennai – 600 018. ... Respondentshttps://www.mhc.tn.gov.in/judis 1/9 W.P.(MD).No.5321 of 2024 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to count 50% of the services rendered by the petitioner as part time vocational teacher (from 12.09.1988 to 01.06.1997) for pensionary benefits and direct the respondents to refix the pension and pay the revised pension. For Petitioner : Mr.R.Govindaraj For Respondents : Mr.T.Amjadkhan Government Advocate For R-1 to R-4 : Mr.P.Gunasekaran For R-5 ORDER
This Writ Petition has been filed for issuance of Writ of
Mandamus, seeking direction against the respondents to count 50% of
the services rendered by the petitioner as part time vocational teacher
(from 12.09.1988 to 01.06.1997) for pensionary benefits and direct the
respondents to refix the pension and pay the revised pension.
2. Heard Mr.R.Govindaraj, learned counsel for the petitioner,
Mr.T.Amjadkhan, learned Government Advocate for the respondents 1
to 4 and Mr.P.Gunasekaran, learned counsel for the fifth respondent.
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3. Mr.R.Govindaraj, learned counsel for the petitioner submitted
that the petitioner was appointed as part time vocational instructor on
12.09.1988 on permanent basis in Panchayat Union Middle School,
Athimarathu Valasu, Thoppampatti Union, Dindigul District. He was
made full time worker on 02.06.1997. He retired on 31.05.2019. Thus,
he has put in service as part time vocational instructor for 8 years, 8
months and 13 days and full time vocational instructor for 21 years, 11
months and 29 days. The contention of the petitioner is that his part time
service was not taken into account for pensionary benefits. Therefore,
the petitioner made a representation dated 05.10.2023 to the respondents
1 to 4 requesting them to take into account of the services rendered by
him as part time vocational teacher for pensionary benefits. Since no
action was taken by the respondents, the petitioner has come before this
Court by way of filing this Writ Petition.
4. The issue raised in this Writ Petition has been elaborately
discussed and covered in the earlier judgment passed in a Writ Petition in
W.P.(MD).No.28011 of 2022 dated 13.12.2022 (G.Subramanian Vs.
The Principal Secretary to Government of Tamil Nadu, Department of
School Education, Fort St. George, Chennai), wherein the order has
been analysed as under:
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“3.The learned counsel appearing for the petitioner would submit that the issue that arises in the present Writ Petition, is no longer res integra and the same was decided by the Hon'ble Full Bench of this Court in the case of Government of Tamil Nadu, Represented by its Secretary to Government and Others Vs. R.kaliyamoorthy reported in 2019 (6) CTC 705.
As per the decision of the Hon'ble Full Bench, the service rendered by the Government employees in non-provincialised services or being consolidated pay or on daily wages requires to be counted for the purpose of pensionary benefits, to the extent of 50% of such services. The relevant portion of the Hon'ble Full Bench reads thus:
"45.In the light of the above, we answer the reference as follows:-
i) Those, who are freshly appointed on or after 01.04.2003 are not entitled to pension in view of Proviso to Rule 2 of Tamil Nadu Pension Rules, 1978 inserted by G.O.Ms.No.259, dated 06.08.2003.
(ii) Those Government servants/Employees appointed prior to 01.04.2003 whether on temporary or permanent basis in terms of Rule 10(a) (i) of Tamil Nadu State and Subordinate Service Rules will be entitled to get pension as per the Tamil Nadu Pension Rules, 1978.
(iii) In case, a Government Employee/servant had
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also rendered service in Non-provincialised service, or on Consolidated pay or on Honorarium or Daily Wage basis and if such services were regularised before 01.04.2003, half of such service rendered shall be counted for the purpose of conferment of pensionary benefits.
(iv) Those Government servants, who were appointed in the aforesaid four categories before the cut off date and later appointed under Rule 10(a)(i) of Tamil Nadu State and Subordinate Service Rules before 01.04.2003 and absorbed into Regular service after 01.04.2003 will not be entitled to count half of their past service for the purpose of determination of qualifying service for Pension.
(v) Those Government servants, who were appointed in the aforesaid four categories before 01.04.2003 but were absorbed in Regular service after 01.04.2003 will not be entitled to count half of their past service for the purpose of determination of qualifying service for pension."
....
5.The facts in the present case are not in dispute. Admittedly, the petitioner's wife initially entered into a service on 16.12.1988 and subsequently, her services were regularised on 05.10.1996 and thereafter, she died on 13.06.2014. Hence, the petitioner's wife is fully entitled for
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5/9 W.P.(MD).No.5321 of 2024
calculation of 50% as a Part Time Pre-Vocational Instructor for pensionary benefits. However, without taking into account the judgment of the Hon'ble Full Bench, the second respondent mechanically passed the impugned order.
6.Hence, the impugned order passed by the second respondent vide proceedings in No.P16/3/11628070/ADK, dated 14.07.2021 is set aside and the matter is remanded back to the second respondent, who shall pass appropriate orders in terms of the decision of the Hon'ble Full Bench (supra).”
5. In the light of the judgment stated supra, the petitioner's service
has to be included as prayed for. Hence, the Writ Petition is allowed and
the respondents are directed to count 50% of the part time service
rendered by the petitioner from 12.09.1988 to 01.06.1997 for pensionary
benefits. The revised pension proposals shall be submitted by the fifth
respondent within a period of six weeks from the date of receipt of copy
of this order. It shall be processed by the official respondents and
appropriate orders shall be passed in favour of the petitioner within a
period of eight weeks thereafter and the consequential monetary benefits
shall also be disbursed to the petitioner.
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6. Since the petitioner has come to this Court only in the year
2024, the question of paying interest will not arise.
7. However, it is made clear that if the time line fixed by this Court
is not adhered to by the respondents, the petitioner will be entitled to
interest from the date of his entitlement. No costs. Connected
miscellaneous petition is closed.
17.04.2024
NCC:yes/no Index:yes/no Internet:yes/no Nsr
To:
1.The Secretary to Government, The State of Tamil Nadu, School Education Department, Fort St.George, Chennai – 600 009.
2.The Director of Elementary Education, D.P.I.Compound, College Road, Chennai – 600 061.
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7/9 W.P.(MD).No.5321 of 2024
3.The Chief Educational Officer, Dindigul District, Dindigul.
4.The District Elementary Educational Officer, Office of the District Elementary Education, Ottanchathiram.
5.The Principal Accountant General, Office of the Accountant General (A&E) Tamil Nadu, No.361, Anna Salai, Teynampet, Chennai – 600 018.
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R.N.MANJULA, J.
Nsr
W.P.(MD).No.5321 of 2024
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