K JAYALAKSHMI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER seeks Writ of Mandamus to grant pension to the PETITIONER by counting 50% of service rendered by the PETITIONER between 26.7.1979 and 11.11.1997 as part time Vocational Instructor along with regular service rendered by the PETITIONER between 12.11.1997 to 30.6.2004 in the cadre of Vocational Instructor Gr-II together with interest at the rate of 9% p.a.

(2.) BRIEFLY stated case of the Petitioner is as follows:- (i) Petitioner was initially appointed as part time Vocational Instructor between 26.7.1979 and 11.11.1997 at S.R.M. Govt. Girls Higher Secondary School and Petitioner was teaching Office Secretaryship, Accountancy and Auditing. Subsequently, Petitioner was brought into time scale of pay w.e.f. 12.11.1997 and the same was approved by the Chief Education Officer, Tirunelveli in Proceedings Roc.No,20401/B2/99 dated 31.3.2000. From 12.11.1997, Petitioner was working as regular teacher in the 4th Respondent's school till her retirement on 30.6.2004. (ii) When the pension proposals were sent to the Accountant General's Office, it was noticed that Petitioner had served as part time Instructor prior to 12.11.1997 and her services were brought into time scale of pay w.e.f. 12.11.1997. As part time services do not qualify for pension, the pension proposals were returned for submission of a revised proposal without counting the part time service. (iii) Proposals were again forwarded by the 4th Respondent to the Accountant General's Office. Regular service from 12.11.1997 to 30.6.2004 i.e. the date of superannuation was considered as qualifying service. As per Sec.43 (2) of Tamil Nadu Pension Rules, qualifying service less than 10 years will not earn pension. As the qualifying service of the Petitioner worked to less than 10 years, Petitioner was authorised Service Gratuity and DCRG only. (iv) On the plea that 50% of part time service from 26.7.1979 to 11.11.1997 has to be taken into account as qualifying service, Petitioner has preferred this Writ Petition.

(3.) ON behalf of the Petitioner, reliance was placed upon G.O.Ms.No,834 Education dated 23.9.1994 whereby 1387 post of Vocational Instructors on regular time scale of pay of Rs.1400-40-1600-50-2300-60-2600 were created w.e.f. 23.9.1994. As per the said G.O., 1387 post of Vocational Instructors shall be filled by qualified part time teachers according to their seniority.