S VEERABADRAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The writ petition has been filed under Article 226 of the Constitution of India seeking an order in the nature of certiorarified mandamus calling for the records of the second respondent dated 24.03.2005 issued in MM. No. 22559/T3(4)/05 and quash the same and consequently direct the respondents to count the service rendered by the petitioner as Physical Education Teacher in the recognised Metro Matriculation School, Karamadai Road, Mettupalayam Taluk, Coimbatore District for a period from 01.08.1881 to 18.10.1997 for the purpose of pay fixation and pension in addition to the service rendered by the petitioner as a Physical Education Teacher for a period from 20.10.1987 to 31.01.2006 in T. Duraisamy Gowder Higher Secondary School, Seeliyur, Mettupalayam Taluk, Coimbatore District, which is a recognised private school and to grant pensionary benefit with selection and special grade scale of pay by extending the benefit of the G.O. Ms. No. 143 dated 30.01.1987. The petitioner herein had been Physical Education Teacher in the T. Duraisamy Gowder Higher Secondary School, Seeliyur, Mettupalayam Taluk, Coimbatore District which is an aided school, receiving grant for the teaching staff from the Government of Tamil Nadu. It is an admitted fact that the said school is governed by the provisions of Tamil Nadu Private School Regulation Act and Rules framed thereunder. Originally the petitioner had been appointed as Physical Education Teacher in the Metro Matriculation School at Mettupalayam on 01.08.1881 and he had been working in the said school till 18.10.1997. Though the said school is also a recognised school, it was not an aided school. Subsequently, the petitioner was selected and appointed as Physical Education Teacher, as per the order of the Secretary of T. Duraisamy Gowder Higher Secondary School on 20.10.1997 and the said appointment was approved by the District Educational Officer, Tirupur by his proceedings dated 06.01.1998 in Na. Ka. No. 11190/97/A4 with effect from 20.10.1997 in the scale of pay of Rs. 1200-2040. Since 20.10.1997, the petitioner was working as Physical Education Teacher in T. Duraisamy Gowder Higher Secondary School, even on the date of filing of the writ petition, however, he retired from service on 31.01.2006, on attaining superannuation.

(2.) According to the petitioner, any teacher who has completed 10 years of service in an aided school is entitled for pension. The petitioner had served 8 years 3 months and 23 days in the aided school and has rendered a total service of 24 years including the service rendered in the unaided recognised matriculation school. Hence, he made a representation to the respondents on 29.03.2004, 21.02.2005 and 23.02.2005 to consider the services rendered by him as Physical Education Teacher, in the recognised Metro Matriculation School for a period from 01.08.1981 to 18.10.1997, for the purpose of pay fixation, pension and for grant of selection and special grade scale of pay. However, the Director of School Education, by his proceedings dated 24.03.2005 issued in mm No. 22559/T3(4)/2005, rejected the claim of the petitioner. The Government of Tamil Nadu the first respondent herein has not passed any orders on the representation made by the petitioner, hence, the petitioner has come forward with this writ petition seeking the relief as stated in the writ petition.

(3.) Mr. R. Saseetharan, learned counsel appearing for the petitioner submitted that the impugned order dated 24.03.2005 passed by the second respondent is against law and facts, since he has not considered G.O. Ms. No. 143 dated 30.01.1987 under which the Government of Tamil Nadu has allowed the claim of a teacher working in the Matriculation School and counted the service rendered by him. It is not in dispute that one Rev. Fr. Stanislaus M. Fernandez in Don Bosco Matriculation School, Panaji, Goa from 01.06.1966 to 13.06.1968 and in Don Bosco Matriculation School, Madras from 04.06.1973 to 23.05.1980 was granted pay fixation and other pensionary benefits on the following grounds: