Madras High Court
The Government Of Tamil Nadu vs A.Muthuramalingam on 13 September, 2019
Author: S. Manikumar
Bench: S.Manikumar, D. Krishnakumar
W.A.No.3077 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2019
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR
W.A.No.3077 of 2019
and
CMP Nos.19586 & 19587 of 2019
1. The Government of Tamil Nadu,
Represented by its Secretary to Government,
School Education Department,
Fort St. George, Chennai - 600 009.
2. The Director of School Education,
College Road, Chennai - 600 006.
3. The Joint Director of School Education
(Vocational),
College Road,
Chennai - 600 006.
4. The District Educational Officer,
Tirunelveli South,
Tirunelveli District.
5. The Chief Educational Officer,
Tirunelveli District, Tirunelveli ... Appellants
Vs.
A.Muthuramalingam ... Respondent
Writ Appeal filed under Clause 15 of the Letters Patent against the Order
dated 17.11.2016 made in W.P.No.40297 of 2016.
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W.A.No.3077 of 2019
For Appellants : Mr.K.Karthikeyan
Government Advocate.
For Respondent : Mr.R.Saseetharan
JUDGEMENT
(Order of the Court was delivered by S.MANIKUMAR, J) Instant writ appeal is directed against the order dated 17.11.2016 made in W.P.No.40297 of 2017.
2. Short facts leading to the filing of writ appeal are as follows:
(i) Writ petitioner was initially appointed as Single Part Time Vocational Instructor in Auditing and Accountancy on 25.06.1979 in a consolidated pay at St. Joseph's Higher Secondary School, Kootapuly, Thirunelveli District, which is a private aided minority school receiving teaching grant from the Government of Tamilnadu. Later he was appointed as Double Part Time Vocational Instructor (Auditing & Accountancy) on a consolidated pay in the same School on 16.07.1980. Petitioner's appointment in the said School as a Single Part Time Vocational Instructor and Double Part Time Vocational Instructor has been approved by the Chief Educational Officer, Thirunelveli District by proceedings dated 30.11.1981, 02.10.1982 and 17.11.1984.
(ii) Writ petitioner has completed B.Com., and M.Com., and therefore, he was appointed as PG Assistant (Commerce) on 27.02.1985 at the Papanasam http://www.judis.nic.in 2/12 W.A.No.3077 of 2019 Labour Welfare Association Higher Secondary School, Vikramasingapuram, Thirunelveli District, which was also a private aided school receiving teaching grant from the Government of Tamil Nadu. Writ petitioner retired from service on 31.05.2009.
(iii) According to the writ petitioner, service in private aided school is pensionable service and service in the private aided school can be taken as qualifying service for the purpose of pensionary benefits. Petitioner was granted pension and other pensionary benefits by counting the service rendered in the post of P.G.Assistant from 27.02.1985 to 31.05.2009, as qualifying service and his services in the post of single and double part time vocational instructor, is not counted as qualifying service, on the ground that the services are rendered on consolidated pay.
(iv) Therefore, petitioner filed WP No.40297 of 2016, for a writ of mandamus, directing the respondents therein to count 50% of his service for a period from 25.06.1979 to 23.07.1985 as Single and Doubt Part Time Vocational Instructor along with regular service as P.G.Assistant for a period from 27.02.1985 to 31.05.2009, as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits.
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3. After hearing the learned counsel for both parties and on perusal of earlier orders of this Court in similar matters viz., W.P.No.16416 of 2007 dated 09.04.2011, a learned Single Judge of this Court, vide common order dated 17.11.2016 in WP Nos.40292 to 40297 of 2016, allowed W.P.No.40297 of 2016.
Relevant portion of the said order is extracted hereunder.
"3. Though very many averments have been made in the affidavits filed in support of the writ petitions, at the time of arguments, learned counsel appearing for the petitioners, by relying upon the order passed by this Court in W.P.No.16416 of 2007 dated 9.4.2011, submitted that the learned Single Judge of this Court by relying upon the judgment rendered by the Division Bench of this Court in W.A.No.1702 of 2010, wherein the Division Bench directed the respondents to count 50% of the service rendered by the petitioners in that writ petition, who were working as Part-time Vocational Instructors, directed the respondents to consider the request of the petitioners in that writ petition in the light of the judgment of the Division Bench made in W.A.No.1702 of 2010 and pass appropriate orders counting 50% of the service rendered as Part-time Vocational Instructors for the purpose of calculating pension. Since the petitioners are also similarly placed persons, similar order could be passed in these writ petitions also.
4. I have also heard the learned Additional Government Pleader, who has taken notice on behalf of the respondents.
5. Keeping the submissions made on either side, I have carefully gone through the entire materials available on record.
6. It would be useful to extract the relevant passage from the judgment made in W.A.No.1702 of 2010 and the same is extracted hereunder:-
http://www.judis.nic.in 4/12 W.A.No.3077 of 2019 "7. According to the petitioner, he had worked as Part-time Vocational Instructor between 23.10.1981 and 4.10.1996, on consolidated pay. He has also made a representation dated 10.4.2013, one month prior to his retirement, the copy of which is enclosed at page No.16 of the typed set of papers filed in support of the writ petition. Earlier, a learned Single Judge, after considering the issue as to whether Single / Double Part time teachers paid consolidated pay, are entitled to count 50% of the services, for the purpose of computing the qualified period of service, for grant of pension, in N.Rajendran v.The State of Tamil Nadu, represented by its Secretary to Government, School Education Department, Chennai, and 3 others in W.P.No.39177 of 2012 dated 16.4.2009, has set aside the order of rejection of the Accountant General (A&E), Chennai, the second respondent therein, and a further order of the Government and consequently, directed the respondents therein, to calculate the pension of the petitioner therein and also issued a further direction to pay the same within eight weeks. Being aggrieved by the above said order, the Government have preferred an appeal in W.A.No.1702 of 2010. While confirming the decision of the learned Single Judge, the Hon'ble First Bench of this Court, by order dated 20.9.2010, has ordered as follows:-
" Heard the learned counsel for the appellant and perused the impugned order passed by the learned single Judge, allowing the writ petition quashing the order passed by the appellants/respondents and further http://www.judis.nic.in 5/12 W.A.No.3077 of 2019 directing the appellants/respondents to calculate the pension of the petitioner.
2. Admittedly, the writ petitioner was appointed as Double Part Time Teacher in the second respondent School on 07.09.1978. After the Government Order issued in 1990 for filling up 800 posts of Educational Instructors, the writ petitioner was appointed as Double Part Time Teacher in 1991 in regular time scale of pay. After putting about 11 years, 11 months and 24 days of service as consolidated Vocational Instructor and 10 years and 11 months service as regular time scale Agricultural Instructor, as the writ petitioner was superannuated, his claim for pension was refused by the impugned order passed by the second appellant/second respondent.
3. It is evident from the records that the writ petitioner was appointed on consolidated pay from 07.09.1978 to 31.03.1990. Thereafter, he was brought into regular time scale of pay from 1.4.1990 to 31.3.1994 and from 23.9.1994 to 31.5.2001. Therefore, the learned single Judge rightly held that 50% of the said service should be added for the purpose of calculating the length of service for pension purpose. We do not find any error in the impugned judgment. Hence, the writ appeal is dismissed.
There will be no order as to costs.
Consequently, M.P.No.1 of 2010 is also
dismissed."
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W.A.No.3077 of 2019
Since the present petitioners are also similarly placed person, I am of the opinion that the present writ petitions could be allowed.
7. In fine, all the writ petitions are allowed and the respondents are directed to count 50% of the petitioners' part time service as Vocational Instructor for the purpose of calculating pension. No costs."
4. Aggrieved by the abovesaid order, appellants have filed the instant writ appeal.
5. On this day, when the writ appeal came up for admission, Mr.K.Karthikeyan, learned Government Advocate (Education), submitted that the order made in WA No.882 of 2016 etc. batch dated 06.04.2018, is squarely applicable to the case on hand. Learned Government Advocate further submitted that implementing the said order Government have issued G.O.Ms.No.194, School Education (Pa.Ka.7-1) Department dated 12.09.2018, regularising the services of the respondent. Submission of the learned Government Advocate is placed on record.
6. Heard the learned Government Advocate (Education) and perused the materials available on record.
7. Perusal of the judgment in WA No.882 of 2016 etc. batch dated 06.04.2018, shows that the present appeal is squarely covered by the abovesaid http://www.judis.nic.in 7/12 W.A.No.3077 of 2019 judgment. The relevant portion of the judgment is extracted hereunder.
"15. In terms of the above discussions, we dispose of the writ appeals as under:
(i) 50% of the services rendered by the respondents herein, as Part Time Vocational Instructor (either as Single Part time or Double Part Time Vocational Instructor), shall be counted for the purpose of computing pension and other retiral benefits.
(ii) The above said benefit shall be extended only to the respondents in these writ appeals and for the persons similarly situated like that of the respondents herein, whose cases are pending before this Court. Thus it is made clear that the above said benefit shall not be extended to any other future cases that may be filed on this account, on the ground of delay and laches, since all along they have not come up before this Court and remained as fence-sitters. It is also needless to point out that allowing such cases would amount to opening the pandora's box, touching upon the financial implications of the State."
Implementing the above order, Government have issued G.O.Ms.No.194, School Education (Pa.Ka.7-1) Department dated 12.09.2018, which is extracted hereunder:
jkpH;ehL muR RUf;fk;
gs;spf; fy;tp ? brd;id cah;ePjpkd;w nky;KiwaPl;L tHf;F vz;fs;/882- 2017 kw;Wk; ,ju tHf;Ffspy; bgwg;gl;l 06/04/2018k; ehspl;l jPh;gg; hizapid bray;gLj;jpl ntz;o 01/04/2003?f;F Kd;dh; Kiwahd Cjpa tpfpjj;jpy; bfhz;Ltug;gl;l muR kw;Wk; muR cjtp bgWk; nky;epiyg; gs;sp gFjpneu bjhHpw;fy;tp Mrphpah;fspd; gFjpneu gzpf;fhyj;jpy; 50 tpGf;fhl;il Xa;t{jpaj;jpw;F fzf;fpy; vLj;Jf;bfhs;Sjy; ? Miz btspaplg;gLfpwJ/ ?????????????????????????????????????????????????????????????
gs;spf; fy;tp (gf7?1)j; Jiw
murhiz (epiy) vz;/194 ehs;/12/09/2018
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W.A.No.3077 of 2019
jpUts;Sth; Mz;L. 2049
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nkny xd;W Kjy; Ie;J tiu gof;fg;gl;l murhizfspd;go 01/04/2003?f;F Kd;dh; Kiwahd Cjpa tpfpjj;jpy; bfhz;Ltug;gl;l muR kw;Wk; muR cjtp bgWk; nky;epiyg; gs;spfspy; gzpg[hpe;j gFjpneu bjhHpw;fy;tp Mrphpah;fs; j';fsJ gFjpneu gzpf;fhyj;jpy; 50 tpGf;fhl;il Xa;t{jpa fzf;fpy; vLj;Jf; bfhz;L Xa;t{jpag;gyd;fs; mDkjpf;f ntz;o brd;id cah; ePjpkd;wk; kw;Wk; brd;id cah;ePjpkd;w kJiu fpisapy; gy;ntW tHf;Ffs; bjhlh;e;jdh;/ ,t;tHf;Ffspy; brd;id cah;ePjpkd;w ePjpg;nguhiz kD vz;fs;/5232-2014. 25236-2014. 3264-2014. 5830-2014. 35013-2014. 5214-2014 kw;Wk; 23545-2014?,y; bgwg;gl;l jPh;g;ghizfs; kPJ murhy; jhf;fy; bra;ag;gl;l brd;id cah;ePjpkd;w nky;KiwaPl;L tHf;F W.A.No.882, 808/2017, 1224, 1395, 1471, 1283 kw;Wk; 1323/2016 kw;Wk; C.M.P.Nos.12269, 11319/17, 15744, 15745, 17938, 17939, 18318, 18319, 17906, 17919 kw;Wk; 17159/2016-,y; 06.04.2018- Mk; ehsd;W gpd;tUkhW jPh;g;ghiz bgwg;gl;Ls;sJ:-
COMMON JUDGEMENT "15.In terms of the above discussions, we dispose of the writ appeals as under:
(i)50% of the services rendered by the respondents herein, as Part Time Vocational Instructor (either as Single Part time or Double Part Time Vocational Instructor), shall be counted for the purpose of computing pension and other retiral benefits.
(ii)The above said benefit shall be extended only to the respondents in these writ appeals and for the persons similarly situated like that of the respondents herein, whose cases are pending before this Court. Thus it is made clear that the above said benefit shall not be extended to any other future cases that may be filed on this account, on the ground of delay and laches, since all along they have not come up before this http://www.judis.nic.in 9/12 W.A.No.3077 of 2019 Court and remained as fence-sitters. It is also needless to point out that allowing such cases would amount to opening the pandora's box, touching upon the financial implications of the State.
16.The writ appeals are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.
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http://www.judis.nic.in 10/12 W.A.No.3077 of 2019 fy;tp ,af;Fehpd; fUj;JUtpid muR ftdKld; ghprPypj;J. mjid Vw;fyhk; vd Kot[ bra;J. mt;thnw 01/04/2003?f;F Kd;dh; Kiwahd Cjpa tpfpjj;jpy; bfhz;Ltug;gl;l muR kw;Wk; muR cjtp bgWk; nky;epiyg; gs;spfspy; gzpg[hpe;j gFjpneu bjhHpw;fy;tp Mrphpah;fspy;. brd;id cah;ePjpkd;wk;-brd;id cah;ePjpkd;w kJiu fpisapy; tHf;Ffs; bjhlh;eJ; jPh;g;ghiz bgw;Ws;s kw;Wk; 06/04/2018?Mk; eh;s tiu tHf;F bjhLj;J tHf;F epYitapy; cs;s ,th;fis xj;j bjhHpw;fy;tp Mrphpah;fSf;F kl;Lk; mth;fspd; gFjpneu gzpf;fhyj;jpy; 50 tpGf;fhl;il Xa;t{jpaj;jpw;F fzf;fpy; vLj;Jf;bfhs;s mDkjpj;J muR MizapLfpwJ/ 6/ ,t;turhiz epjpj; Jiwapd; m/rh/F/vz;/47659-epjp (Xa;t{jpak; Jiw. ehs;/12/09/2018?,y; bgwg;gl;l ,irt[ld; btspaplg;gLfpwJ/ (MSehpd; Mizg;go) gpujPg; ahjt;
muR Kjd;ikr; brayhsh;
8. In view of the above, the instant writ appeal is dismissed. No Costs.
Consequently, the connected civil miscellaneous appeals are closed.
[S.M.K., J.] [D.K.K., J.]
13.09.2019
Index : No.
Internet : Yes
Speaking/Non-speaking order
ars
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W.A.No.3077 of 2019
S. MANIKUMAR, J.
AND
D. KRISHNAKUMAR, J.
ars
To
1. The Secretary to Government,
Government of Tamil Nadu,
School Education Department,
Fort St. George, Chennai - 600 009.
2. The Director of School Education,
College Road, Chennai - 600 006.
3. The Joint Director of School Education
(Vocational),
College Road, Chennai - 600 006.
4. The District Educational Officer,
Tirunelveli South,
Tirunelveli District.
5. The Chief Educational Officer,
Tirunelveli District, Tirunelveli
W.A.No.3077 of 2019
and CMP Nos.19586 & 19587 of 2019
13.09.2019
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