Madras High Court
R.Kalpana vs The Secretary To Government on 24 April, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.37065 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.04.2025
Coram:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.37065 of 2016
R.Kalpana ...Petitioner
Versus
1.The Secretary to Government,
Government of Tamil Nadu,
School Education Department,
Fort St.George, Chennai – 9.
2.The Director of School Education,
DPI Campus, College Road,
Chennai.
3.The Principal Accountant General,
O/o. The Principal Accountant General (A & E),
Chennai. ...Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of certiorarified mandamus calling for the
records relating to order dated 04.04.2016 passed by the 2 nd Respondent
vide Na.Ka.No.91431/VI/E1/2015 and quash the same and direct the
Respondents to reckon the period of service rendered by the Petitioner from
06.09.1980 to 31.08.2011 totalling to 20 years 2 months and 17 days of
pensionable service {by including half the service rendered in (i) K.T.C.T
Girls Higher Secondary Government Aided School as Double Part-Time
Vocational Assistant from 06.09.1980 to 16.09.1989 and (ii) Arumuga
Nadar Girls Higher Secondary Government Aided School as P.G.Assistant
on full-time basis from 22.09.1989 to 21.03.2002 on consolidated basis}
and sanction full pension with arrears with interest thereon at 12% per
annum.
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W.P.No.37065 of 2016
For Petitioner : Mr.R.Johan Joseph
for M/s.Giridhar & Sai
For Respondents – 1 & 2: Mr.S.Prabhakaran,
Government Advocate
ORDER
The relief sought in this Writ Petition is to quash the Order dated 04.04.2016 bearing Na.Ka.No.91431/VI/E1/2015 (hereinafter referred to as “Impugned Order”) passed by the 2nd Respondent and direct the Respondents to reckon the period of service rendered by the Petitioner from 06.09.1980 to 31.08.2011 totalling to 20 years 2 months and 17 days of pensionable service {by including half the service rendered in (i) K.T.C.T Girls Higher Secondary Government Aided School as Double Part-Time Vocational Assistant from 06.09.1980 to 16.09.1989 and (ii) Arumuga Nadar Girls Higher Secondary Government Aided School as P.G.Assistant on full-time basis from 22.09.1989 to 21.03.2002 on consolidated basis} and sanction full pension with arrears with interest thereon at 12% per annum.
2. By the Impugned Order, the 2nd Respondent rejected the request of the Petitioner to consider the service rendered by the Petitioner from 06.09.1980 to 31.08.2011 totalling to 30 years 11 months 23 days (inclusive 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 09:20:56 pm ) W.P.No.37065 of 2016 of service rendered in K.T.C.T. Girls Higher Secondary Government Aided School as Double Part-Time Vocational Assistant from 09.09.1980 to 16.09.1989 and service rendered in Arumuga Nadar Girls Higher Secondary Government Aided School from 22.09.1989 to 31.08.2011 as P.G.Assistant on full-time basis) for grant of full pension with arrears and interest at the rate of 12% under the provisions of the Tamil Nadu Pension Rules, 1978.
3. Heard the learned counsel for the Petitioner and learned Government Advocate for the Respondents 1 & 2.
4. The issue involved herein has attained some amount of clarity in the Judgment dated 03.12.2019 passed by the Full Bench of this Court in W.A.Nos.158 of 2016 & etc. batch. In the said judgment, the Full Bench of this Court has clarified that the government servants/employees who were appointed or regularized before 01.04.2003 will be entitled to count half of their past service towards their qualifying service for pension and those who were appointed or regularised on or after 01.04.2003 will not be entitled to count half of their past service towards their qualifying service for pension as per the Tamil Nadu Pension Rules, 1978.
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5. For the sake of clarity, operative portion of the Judgment dated 03.12.2019 passed by the Full Bench of this Court in W.A.Nos.158 of 2016 & etc. batch is extracted hereunder:
“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 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.”
6. Considering the facts and circumstances of the case, the Impugned Order dated 04.04.2016 passed by the 2nd Respondent is quashed and the case is remanded back to the 2nd Respondent for fresh consideration. The 2nd Respondent is directed to consider the Petitioner's request and pass fresh 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 09:20:56 pm ) W.P.No.37065 of 2016 orders in the light of the Judgment dated 03.12.2019 passed by the Full Bench of this Court in W.A.Nos.158 of 2016 & etc. batch, after affording an opportunity of personal hearing to the Petitioner, within a period of three months from the date of receipt of a copy of this order.
7. This Writ Petition is disposed of with the above observation. No costs.
24.04.2025
mrr
Index : Yes/No
Speaking Order (or) Non-Speaking Order
To
1.The Secretary to Government,
Government of Tamil Nadu,
School Education Department,
Fort St.George,
Chennai – 9.
2.The Director of School Education,
DPI Campus, College Road,
Chennai.
3.The Principal Accountant General,
O/o. The Principal Accountant General (A & E), Chennai.
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