K PITCHAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to direct the respondents to take into account the period of service from 09.06.1975 to 01.06.1991 served by the petitioner in the Dindigul Anguvilas Higher Secondary School without financial assistance for the purpose of pay fixation and pensionary benefits in the light of the order, dated 26.06.2008 made in W.A.(MD)No.291 and 292/2008 and the Government Order (ID) No.125 School Education (VE) Department, dated 13.04.2010.

(2.) The learned counsel appearing on behalf of the petitioner states that the petitioner was appointed as Secondary Grade Teacher in Anguvilas Higher Secondary School, Dindigul on 09.06.1975 in the sanctioned post, through District Employment Exchange. The contention of the writ petitioner is that he is working in the said School without salary from 09.06.1975.

(3.) The learned counsel for the petitioner states that as per the Government Order issued in G.O.No.143, Education (V2) Department, dated 30.01.1987 stating that the period during which the Teacher had worked without aid could be taken into consideration for fixation of pay and pension. In this regard, the Government Order issued in G.O.Ms.No.18 Education, Science and Technology (D2) Department, dated 09.01.1997 in respect of one Mr.Jayaraj, working in Assamsam Higher Secondary School, regularizing the period during which there was no grant. Further, the first respondent vide G.O.Ms.No.314 School Education (D2) Department, dated 12.12.1999 has revoked G.O.Ms.No.18 Education, Science and Technology (D2) Department, dated 09.01.1997 and has held that the period prior to 01.06.1997 cannot be taken into consideration for fixation of pay or terminal benefits. At the outset, the writ petitioner claims that the period of service rendered by him from 09.06.1975 to 01.06.1991 to be regularised for the purpose of grant of pay and pension.