GOVERNMENT OF TAMILNADU; DIRECTOR OF SCHOOL EDUCATION; JOINT DIRECTOR OF SCHOOL EDUCATION; CHIEF EDUCATIONAL OFFICER Vs. B RAGHAVENDRAN

JUDGEMENT

(1.) The instant intra-court appeal arises from the order dated 14.02.2014 passed in W.P.No.4408 of 2014, whereunder and whereby the writ petition filed by the respondent herein was allowed, directing the appellants herein/respondents therein to count 50 % of the writ petitioner's part time service as Vocational Instructor from 7.10.1978 to 31.3.1990 for the purpose of computing pension.

(2.) The facts in brief relevant for the purpose of adjudication are that the writ petitioner / respondent herein (hereinafter referred to as respondent ) was indisputably appointed as a single part time vocational instructor in Auditing and Accountancy on 17.10.1978 at Islamia Higher Secondary school, Pernambut, Gudiyatham, Vellore District. Thereafter, vide order dated 22.8.1979, he was appointed as Double Part Time Vocational Instructor in the same subject and also in the same school with approval of the Chief Educational Officer granted on 7.5.1993.

(3.) The State Government came up with a scheme by G.O.Ms.No.437, Finance (Pension) Department dated 23.06.1988, providing for counting of half of the service paid from contingencies to the employees in the whole time employment (and not part time for a part of the day) which was under regular employment. Thereafter, vide G.O.Ms.No.118, dated 14.2.1996, the scheme was modified to the extent that the half of the service rendered by the Government employees under non-pensionable establishment shall be allowed to be counted for pensionary benefits along with regular service under pensionable establishment, subject to certain conditions, namely the job involves whole time employment, service under non-pensionable establishment should have been on time scale of pay and the service should have been continuous and followed by absorption in pensionable establishment without a break.