The State of Tamil Nadu v. N.Sampath

JUDGMENT (Judgment of this Court was delivered by M.S.RAMESH.J) This Writ Appeal has been filed to set aside the order dated

22.12.2021 made in W.P.No.13313 of 2021.

2.The first respondent herein joined as a Double Part Time Vocational teacher on 09.07.1979 in a Government Higher Secondary School, Mettur and his service was regularized on time scale of pay on

05.10.1996. On attaining the age of superannuation, he retired from service on 30.04.2012. The grievance of the first respondent is that 50% of his service for the period from 09.07.1979 to 04.10.1996 has not been taken into account while calculating his pensionary benefits. Challenging the same, he filed a petition in W.P.No.13313 of 2021, whereby the appellants herein were directed to revise the pension of the first respondent by including 50% of service rendered by him as Double Part Time Teacher. Aggrieved by the said order, the appellants have preferred the present Appeal.

3.The entitlement of a Government employee for counting 50% of the service rendered as a Part Time Vocational Teacher, has been dealt with in favour of the employees in several decisions, including the judgment of the Hon'ble Full Bench of this Court in the case of Government of Tamil Nadu, represented by its Secretary to Government, School Education Department, Chennai-9 and others vs. K.Pachaiyappan and other, passed in W.A.No.882 of 2017 and etc. batch dated 06.04.2018. The learned Single Judge had also placed reliance on the decision of the Hon'ble Full Bench and had come to the conclusion that the first respondent herein would be entitled for revision of pension by counting 50% of the past services rendered by him as a Double Time Vocational Teacher.

¶4In view of the decision of the Hon'ble Full Bench, the order which was impugned in the Writ Court cannot be legally sustained and the Writ Court had rightly set aside the same with a consequential direction.

¶5We find no grounds to interfere with this appeal and accordingly, this Writ Appeal stands closed. No Costs. Consequently, the connected miscellaneous petition is closed.

[M.S.R., J] [R.S.V.,J]

19.09.2025 Index: Yes/No Speaking/Non-speaking order Anu To The Accountant General, (Accounts and Establishments), 361, Anna Salai, Teynampet, Chennai-600 018

M.S.RAMESH, J. W.A.No.2294oofo2022 and Ro .SAKTHIVELo,ooJ.o Anu W.A.No.2294oofo2022 andoCMP.No.17510oofo2022

19.09.2025 Pageo6oofo6

2025:MHC:2314 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.09.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL and CMP.No.17510 of 2022 1.The State of Tamil Nadu, Through its Secretary, Department of School Education, Fort St. George, Chennai-9 2.The Director of School Education, D.P.I. Campus, College Road, Chennai 3.The Joint Director of School Education, (Vocational) College Road, Chennai-6 4.The Chief Educational Officer, Salem District 5.The Headmaster, Government Higher Secondary School, Mettur Dam, Salem Distirct ... Appellants Vs. 1.N.Sampath 2.The Accountant General, (Accounts and Establishments), 361, Anna Salai, Teynampet, Chennai-600 018 ... Respondents PRAYER: Appeal is filed under Clause 15 of the Letters Patent, praying to set aside the order dated 22.12.2021 made in W.P.No.13313 of 2021. For Appellants : Mr.K.H.Ravi Kumar Government Advocate For Respondents : Mr.K.Sathish kumar for R1 R2- No appearance