A. ARULCHANDER Vs. THE GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The above appeal arises against the order of dismissal of the writ petition in W.P.(MD)No.2356 of 2011.

(2.) The appellant/writ petitioner has filed the writ petition to issue a Writ of Certiorarified Mandamus to call for the records relating to G.O.No.413, Finance (PGC) Department, dated 04.11.2010 issued by the first respondent and to quash paragraph Nos.8 and 9 of the said G.O., insofar as it confines the benefits of old Pension Scheme and General Provident Fund " only to persons who were appointed as Secondary Grade Teachers in the sanctioned regular posts in private aided schools during the period from 11.07.1995 to 19.05.1998 and whose services were later regularised and consequently direct the first respondent to extend the benefit of old Pension Scheme and General Provident Fund to the petitioner who joined the service/appointed prior to 01.04.2003 and to count the past service rendered for the purpose of pensionary benefits.

(3.) It is the case of the appellant/writ petitioner that he is working as a Secondary Grade teacher under the sixth respondent school. He was appointed on 03.03.2003 as a Secondary Grade teacher in the light of G.O.No.301 of 1999, dated 15.10.1999, whereby due to the backlog of its vacancies arisen in respect of Scheduled Caste / Scheduled Tribe category in the cadre of Secondary Grade teacher in Government aided school. The eligibility for the SC/ST candidates for appointment was revised as "Degree with B.Ed.,". By virtue of such regularisation, the appellant/writ petitioner belonging to the Scheduled Caste community has been appointed by the sixth respondent's school. However, the appellant/writ petitioner's appointment was kept pending for getting clarification as to whether a candidate possessing B.A.(Economics) with B.Ed., and B.Com with B.Ed., fall under purview of the above referred G.O. By G.O.No.109, dated 16.08.2004, the first respondent clarified holding that those candidates possessing B.A.(Economics) with B.Ed., and B.Com with B.Ed., can be appointed in the Government Aided school, but held that the approval of such appointment will be effected only from the date of completion of child psychology training by the respective candidates. Accordingly, for the candidates who were appointed as a Secondary Grade teachers on or before adopting the Government Order in G.O.No.100, dated 27.06.2003, their post was approved by the fourth respondent on completion of child psychology training programme.