Suresh Kumar .G v. The Principal Secretary to the Government

O R D E R Heard Mr.M.Saravanakumar, learned counsel appearing for the petitioner and Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents.

¶2The petitioner has filed this writ petition seeking to direct the respondents to calculate 50% of service rendered by him as part time Vocational Instructor drawing consolidated pay along with regular service for arriving net qualifying service for calculation of pension and to grant all monetary and other attendant benefits and arrears within a stipulated time.

¶3Mr.M.Saravanakumar, learned counsel for the petitioners submitted that similarly placed persons have already filed writ petitions in W.P.Nos.2146 & 2150 of 2021, wherein, the Principal Seat of this Court has passed the following orders on 16.10.2023. "5.Further, recently a Division Bench of this Court in a batch of Writ Appeals in W.A.Nos.2133 of 2019, dated 03.03.2023 had approved the view and the relevant portion of the judgment is extracted hereunder:-

¶8No doubt, the writ petitioners have approached the Court with few months delay and it is not in dispute, that, but for the fixation of cut-off date, they would have been entitled to the benefits of service rendered by them as vocational teachers. The learned Single Judge in the common order in W.P.No.14365 of 2014 dated 09.07.2018 had also referred the common judgment dated 06.04.2018 made in W.A.No.882 of 2017 etc., and having noted the fact that persons similarly placed have been granted the benefits by referring to various judgments of the Hon'ble Supreme Court of India had held that the petitioners in those writ petitions are also entitled to such benefits. Therefore, the principle as enunciated in the above said order is that, the respondents/officials cannot deny the lawful right of the appellants/petitioners herein, which have already accrued to them and has been continuously accruing. Therefore, restricting the benefits only to those petitioners who approached this Court prior to

06.04.2018 and denying the same to the appellants/petitioners who are similarly placed is unreasonable, arbitrary and violative of the Article 14 of the Constitution of India.

¶9Further more, the learned counsel appearing for the appellants/petitioners would submit that the writ petitions filed by the appellants/petitioners were disposed, following the G.O.Ms.No.194 dated

12.09.2018. However, a Writ petition in W.P.(MD).No.22785 of 2019 etc. batch dated 05.11.2019 was filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned G.O.Ms.No.194, dated 12.09.2018 issued by the first respondent and quash the same with regard to the cut~off date i.e.,

06.04.2018 and directing the respondents to take the 50% of the part time service rendered by the petitioner in that writ petition.

¶10The observation made in the W.P.(MD).No.22785 of 2019 etc., batch is extracted as hereunder:- "Placing reliance on the observation made in W.P.(MD).No.14365 of 2014 etc., batch, this Court has passed the following order :

¶6The learned counsels for the petitioners would submit that, the issue raised in this batch of cases is covered by number of orders passed by this Court. They also submitted that, the decisions rendered by the learned Single Judge of this Court, had been upheld by a Division Bench of this Court, where also, the said view taken by the Writ Court had been confirmed and in some of the cases the matters were taken up to the Hon'ble Supreme Court, where also, the view taken by this Court directing the official respondents to calculate the 50% of the services temporarily rendered by the similarly placed persons for the purpose of their pensionary benefits, had been affirmed and upheld and the orders have also been complied with by issuing Government Orders in this regard. All those, who have already filed writ petitions and got orders for recalculating the pension, are fully eligible for pension by taking into account their 50% of the past services rendered by them before their absorption."

¶11Therefore, the respondents cannot deny the lawful right of the appellants/petitioners herein by virtue of G.O.Ms.No.194 dated

12.09.2018 for the reason that the cut-off date in the said G.O has been quashed in the above mentioned writ petitions. Therefore, the objections raised by the respondent/officials are liable to be rejected, accordingly they are rejected. The appellants/petitioners are entitled to, for calculating 50% of the past services, rendered by each of the petitioner in the respective employment before they got absorbed by bringing them under the time scale of pay irrespective of the years of service, for the purpose of pensionary benefits. Accordingly, this point is answered. 12 .In the result, these writ appeals are allowed subject to the above observations, setting aside the orders in all the writ petitions mentioned above. Consequently, connected writ petitions are allowed. The respective respondents in each of the writ appeals/writ petitions are hereby directed, after fixing the revised pension by taking into account the past 50% services, the revised pension arrears shall be calculated and to be disbursed to the appellants/petitioners within a period of twelve weeks from the date of receipt of a copy of this order. No costs."

¶6The Government after taking into consideration of various subsequent judgments had issued G.O.Ms.No.127, School Education (gf(7)1)Department, dated 12.07.2023, wherein the Government had directed to take into account the 50% of service that has been rendered as part time Vocational Instructors from their date of initial appointment till the date of regularization in respect of 563 persons, who had approached the Court after 06.04.2018. The relevant portion of the Government Order is extracted hereunder:- "6.nkw;fz;l NH;epiyapy; khz;gik brd;id cah;ePjpkd;wk; kw;Wk; brd;id cah;ePjpkd;w kJiu fpisapy; bgwg;gl;l jPh;g;ghizfSf;fpz-;ft[k;. ePjpkd;w mtkjpg;g[ tHf;Ffis jtph;f;f ntz;oa[k;. tHf;F Mnyhrid kw;Wk; nkw;ghh;itf; FGtpd; fUj;jpd;gog;gilapYk;. gs;spf; fy;tp Mizahpd; fUj;JUtpid muR ftdKld; ghprPypj;J mjid Vw;fyhk; vd Kot[ bra;J. mt;thnw 06.04.2018f;Fg; gpd;dh; tHf;F bjhLj;J jPhg;ghiz bgw;w muR kw;Wk; muR cjtpbgWk; nky;epiyg; gs;spfspy; gzpg[hpe;J Xa;t[ bgw;w 20 bjhHpw;fy;tp Mrphpah;fsJ 50% gFjpneu gzpf;fhyj;jpid Xa;t{jpaj;jpw;F fzf;fpy; vLj;Jf; bfhs;s mDkjpj;J Miz btspaplg;gl;ljw;F gpd;ndw;g[ mDkjp mspj;Jk;. 01.04.2003f;F Kd;dh; gzptud;Kiw bra;ag;gl;l muR. muR cjtpbgWk;. efuhl;rp kw;Wk; khefuhl;rp gs;spfspy; gzpg[hpa[k; kw;Wk; Xa;t[ bgw;w bjhHpw;fy;tp Mrphpau;fspy;. murhiz (epiy) vz;/194 gs;spf; fy;tpj; Jiw ehs;

12.09.2018~,y; Fwpg;gplg;gl;Ls;s ehshd 06.04.2018f;Fg; gpd;dh; tHf;F bjhLj;J jPh;g;ghiz bgw;Ws;s 460 bjhHpw;fy;tp Mrphpah;fs; (454+6) kw;Wk; tHf;Ffs; epYitapy; cs;s 103 bjhHpw;fy;tp Mrphpah;fs; Mf bkhj;jk; 563 bjhHpw;fy;tp Mrphpau;fSf;F ePjpkd;wj;jpy; epYitapy; cs;s nky;KiwaPL kw;Wk; rPuha;t[ kDf;fspy; gpwg;gpf;fg;gLk; ,Wjp jPh;g;g[f;Fl;gl;L mth;fspd; gFjpneu gzpf;fhyj;jpy; 50 tpGf;fhl;il Xa;t{jpaj;jpw;F fzf;fpy; vLj;Jf; bfhs;s gs;spf; fy;tp ,af;FeUf;F mDkjp mspj;Jk; muR MizapLfpwJ."

¶7The petitioners have also been appointed as part time Vocational Instructors and thereafter, their services have been regularized prior to 01.04.2003. Therefore, they are also entitled for counting 50% of their past service rendered as part time Vocational Instructors for calculating their pension.

¶8Hence, these Writ Petitions are disposed and the respondents are directed to consider the representation of the petitioners for counting 50% of the services rendered by them as part time Vocational Instructors by taking into account of the various orders passed in the Writ Petitions and the judgment of this Court dated 21.04.2017, made in W.A.(MD)No.392 of 2017 etc., batch. No costs."

¶4The petitioner has also been appointed as part time Vocational Instructor and his services has been regularised prior to

01.04.2003. Since the petitioner is also similarly placed, he is also entitled to the similar relief granted in W.P.Nos.2146 & 2150 of 2021, dated 16.10.2023.

¶5In view of the above observations, this writ petition is disposed of and the respondents are directed to consider the representation of the petitioner dated 07.07.2024 for counting 50% of the services rendered by him as part time Vocational Instructor by taking into account of the various orders passed in earlier writ petitions and the judgment of this Court dated 21.04.2017 in W.A.(MD)No.392 of 2017 etc., batch. No costs.

30.07.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi To

1.The Principal Secretary to the Government, School Education Department, Fort St.George, Chennai - 9.

2.The Commissioner of School Education, Directorate of School Education, DPI Complex College Road, Chennai.

3.The Joint Director (Vocational) Directorate of School Education, DPI Complex College Road, Chennai - 600 006.

4.The Chief Educational Officer, Thevarpuram Road, Pudugramam, Thoothukudi District.

R.N.MANJULA, J. mbi

30.07.2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2024 CORAM: THE HONOURABLE MS.JUSTICE R.N.MANJULA G.Suresh Kumar ... Petitioner vs. 1.The Principal Secretary to the Government, School Education Department, Fort St.George, Chennai - 9. 2.The Commissioner of School Education, Directorate of School Education, DPI Complex College Road, Chennai. 3.The Joint Director (Vocational) Directorate of School Education, DPI Complex College Road, Chennai - 600 006. 4.The Chief Educational Officer, Thevarpuram Road, Pudugramam, Thoothukudi District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to calculate the 50% of service rendered by the petitioner as part time Vocational Instructor drawing consolidated pay along with regular service for arriving net qualifying service for calculation of pension and to grant all monetary and other attendant benefits and arrears within a stipulated time. For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.T.Amjadkhan Government Advocate