Madras High Court
S.Rangarajan vs The Secretary To Government on 11 April, 2019
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :11.04.2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.24732 of 2018
1.S.Rangarajan
2.R.Ravisankar
3.G.Tamilarasan
4.V.Muthukumaran
5.M.Mohan Kumar
6.U.Vijaya
7.K.Nimme
8.A.Alagammai
9.A.Gnanasekaran
10.K.Arivanantha Kani
11.C.Chirstopher Thangaraj
12. S.Rajan
13.D.Devaraja Balahi
14.N.R.Kousalya
15.R.Valarmathi
16.Olive Roshini Jayanthi
17.S.K.Padma
18.G.Masilamani
19.K.Thangamani
20.V.M.Venkateswaran
21.G.John Kingsley
22.P.Ramu
23.M.Shanthi
24.K.G.Sankaranarayanan
25.M.Athimoolam Sankar
26.M.Gobiyar Selvam
27.G.John Victor
28.K.Anuradha
29.A.Lourdusamy
30.K.Prabakaran
31.T.R.Dharmambal
32.N.Rajavathy
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33.G.Basil Anandha Arokiaraj
34.G.Manimozhi
35.V.Subramanian
36.M.Maria Joseph
37.K.P.Karthikeyan
38.R.S.Ramathilagam
39.R.Seran
40.S.James Doss
41.T.L.Jayaprakash
42.S.Rajakumar .. Petitioners
..vs..
1. The Secretary to Government
School Education Department
Fort St.George,
Chennai 600 009.
2.The Joint Director of School
Education (Vocational Education)
College Road,
Chennai-600 006.
3. The Chief Educational Officer
Cuddalore District
Cuddalore.
4. The Chief Educational Officer
Tiruvallur District
Tiruvallur.
5. The Chief Educational Officer
Kanyakumari District
At Nagercoil.
6. The Chief Educational Officer
Madurai District
Madurai.
7. The Chief Educational Officer
Pudukottai District
Pudukottai.
8. The Chief Educational Officer
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Tiruvannamalai District
Tiruvannamalai.
9. The Chief Educational Officer
Tirunelveli District
Tirunelveli.
10. The Chief Educational Officer
Trichy District
Trichy.
11. The Chief Educational Officer
Thanjavur District
Thanjavur.
12. The Chief Educational Officer
Thiruvarur District
Thiruvarur.
13. The Chief Educational Officer
Viruthunagar District
Viruthunagar.
14. The Chief Educational Officer
Vellore District
Vellore.
15. The Chief Educational Officer
Villupuram District
Villupuram.
16. The Accountant General of Tamil Nadu(A&E)
Teynampet,
Chennai-18. ..Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus, directing the respondents 1
& 2 to count 50% of the petitioner's service shown in the annexure to
this petition rendered as Part Time Vocational Instructors along with
regular service as Vocational Instructors from date of regularization as
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qualifying service for the purpose of fixing and sanctioning pensionary
benefits.
For Petitioners : Mr.S.Kamadevan
.
For Respondents : Mr.A.Raja Perumal
Additional Government Pleader
ORDER
The relief as such sought for in the writ petition is to direct the respondents 1 & 2 to count 50% of the petitioner's service shown in the annexure to this petition rendered as Part Time Vocational Instructors along with regular service as Vocational Instructors from date of regularization as qualifying service for the purpose of fixing and sanctioning pensionary benefits.
2.The learned counsel for the writ petitioners states that the writ petitioners were initially appointed as single/double part time vocational teachers. The petitioners are possessing the requisite vocational qualifications as on the date of their respective appointment for the purpose of handling vocational subjects namely Accountancy and Auditing.
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3.The learned counsel for the writ petitioners states that during earlier occasion, the similar writ petitions were considered by this Court and number of orders were passed. It is brought to the notice of this Court that the Government also implemented the earlier orders of this Court granting the benefit to these single part-time and double part-time vocational instructors. However, now it is brought to the notice of this Court, the Hon'ble Division Bench of this Court passed an order in W.A.No.658 of 2016 dated 13.06.2006 and the Division Bench passed an order as follows:
“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 latches, since all along they have not come up before this Court and remained as fence-sitters. It is also needless to point out http://www.judis.nic.in 6 that allowing such cases would amount to opening the pandora's box touching upon the financial implications of the State.”
4.The learned Additional Government Pleader also made a submission that the Government Issued G.O.Ms.No.194, School Education Department, dated 12.09.2018 granting the benefit of 50% of the services rendered by these part-time vocational instructors. Accordingly, 50% of the services rendered by these part-time vocational instructors will be reckoned for the purpose of calculating the qualifying services. But 50% will be calculated from the date of initial appointment till the date of regularization. The operative portion of the Government Order reads as under:
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5.As per the above Government Order, all the vocational instructors appointed initially on temporary basis and subsequently, brought under the regular establishment and their services are regularized are entitled to get 50% of the services for the purpose of reckoning the qualifying services for grant of terminal and pensionary benefits. This being the benefits extended uniformly to all the vocational teachers, this Court is of the opinion that no further consideration needs to be extended with reference to the relief sought for in these writ petitions and the Division Bench also clarified that the benefits earlier granted shall not be extended to any other future cases that may be filed on this account, on the ground of delay and latches, 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.
6.This being the directions of the Hon'ble Division Bench, if the http://www.judis.nic.in 8 writ petitioners are eligible to get the benefit granted by the Government in G.O.Ms.No.194, School Education Department dated 12.09.2018, they shall be certainly entitled to.
7.With these clarifications, the writ petition stands disposed of. However, there shall be no order as to costs.
11.04.2019 ssb/smn Index:Yes/No Internet:Yes/No Speaking order/Non-Speaking Order To
1. The Secretary to Government School Education Department Fort St.George, Chennai 600 009.
2.The Joint Director of School Education (Vocational Education) College Road, Chennai-600 006.
3. The Chief Educational Officer Cuddalore District Cuddalore.
4. The Chief Educational Officer Tiruvallur District Tiruvallur.
5. The Chief Educational Officer http://www.judis.nic.in 9 Kanyakumari District At Nagercoil.
6. The Chief Educational Officer Madurai District Madurai.
7. The Chief Educational Officer Pudukottai District Pudukottai.
8. The Chief Educational Officer Tiruvannamalai District Tiruvannamalai.
9. The Chief Educational Officer Tirunelveli District Tirunelveli.
10. The Chief Educational Officer Trichy District Trichy.
11. The Chief Educational Officer Thanjavur District Thanjavur.
12. The Chief Educational Officer Thiruvarur District Thiruvarur.
13. The Chief Educational Officer Viruthunagar District Viruthunagar.
14. The Chief Educational Officer Vellore District Vellore.
15. The Chief Educational Officer Villupuram District Villupuram.
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16. The Accountant General of Tamil Nadu(A&E) Teynampet, Chennai-18.
http://www.judis.nic.in 11 S.M.SUBRAMANIAM J.
ssb/smn W.P.No. 24732 of 2018 11.04.2019 http://www.judis.nic.in