E.MEENAKSHI SUNDARAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner was appointed as Secondary Grade Teacher on 09.12.2000 in a recognised Aided Minority School, viz. Little Flower Middle School, Lordhu Nagar, Pudukottai District. The Assistant Elementary Educational Officer, Pudukottai, approved his appointment with effect from 09.12.2000 and the same was duly endorsed in the service register, ie., he was paid by the State for his services in the said aided school from the date of appointment, viz. 09.12.2000. Further, he was assigned with Teacher Provident Fund (TPF A/c.No.334536). The Assistant Elementary Educational Officer, Pudukottai, directed the school to deduct a sum of Rs.1,000/- towards TPF from 01.10.2000 onwards. Accordingly, the amount was deducted towards GPF and other pensionary benefits till 31.10.2005. While so, in the year 2005, the petitioner was selected and appointed as Junior Grade Secondary Grade Teacher through the Employment Exchange and the fifth respondent placed him in the seventh respondent school by proceedings in Na.Ka.No.6816/A4/2005 dated 31.10.2005. However, he was given consolidated pay on his appointment in the seventh respondent school. The seventh respondent school is a Panchayat Union Primary School. The consolidated pay was pursuant to G.O.Ms.No.100, School Education - Budget, dated 27.06.2003. In view of the prevailing financial situation, the teachers who are appointed in regular posts were given consolidated pay for 5 years as per the said G.O.Ms.No.100. The appointees were also designated as Junior Grade in the respective cadre.

(2.) In these circumstances, the petitioner was relieved from Little Flower Middle School on 08.11.2005 and the same was also approved by the Assistant Elementary Educational Officer, Pudukottai vided proceedings in Na.Ka.No.1899/A1/06 dated 07.11.2007. Immediately on being relieved on 08.11.2005, the petitioner joined in the seventh respondent school on 09.11.2005, ie., the petitioner worked upto 08.11.2005 in the Little Flower Middle School, aided school, as stated above. On the next day, ie., on 09.11.2005, he joined in the seventh respondent school, the Panchayat Union Primary School. Though it was stated that the petitioner was to continue in consolidated pay for 5 years, the Government issued G.O.Ms.No.99, School Education -Budget 2), dated 27.06.2006 withdrawing the system of Junior Grade appointments on consolidated pay. In view of the same, he was granted scale of pay on 01.06.2006 by proceedings of the fifth respondent in Na.Ka.No.4766/AA4/2006 dated 09.08.2006.

(3.) The petitioner made a representation dated 31.08.2006 to the second, fifth and sixth respondents requesting to continue him in the TPF Scheme, bearing TPF A/c.No.334536, ie., he wanted to continue in the Old Pension Scheme. While so, in 2009, the Additional Assistant Elementary Educational Officer, the sixth respondent herein, placed him in the Contributory Pension Scheme and assigned CPS A/c. No.729143, and started deducting monthly contribution from his salary from 01.11.2009 to till date. Later, from March 2010, the Additional Assistant Elementary Educational Officer started deducting the contribution arrears admissible from 01.06.2006. However, the earlier TPF account is not closed till date.