GOVERNMENT OF TAMIL NADU Vs. N. GOVINDARAJAN

JUDGEMENT

(1.) The intra-Court Appeal arises out of the order dated 12.05.2017 in W.P. No. 26545 of 2008 passed by the Learned Judge of this Court. The parties are hereinafter referred to as per their description in the Writ Petition for the sake of convenience.

(2.) The Petitioner was initially appointed as Double Part Time Vocational Instructor on 03.01.1979 on a fixed pay of Rs.300/- per month without any allowance by the Head Master of Higher Secondary School on temporary basis for imparting education to students studying vocational subjects in standards XI and XII. He was then absorbed as full time Vocational Instructor in the field of Commerce and Business from 01.04.1990 in the post sanctioned by the Government of Tamil Nadu in G.O. Ms. No. 712, Education Department dated 28.05.1990 on time scale of pay of Rs.1400-40-1600-50- 2300-60-2600, strictly on seniority basis. The Petitioner was subsequently transferred to Government Higher Secondary School (Girls), Kumbakonam.

(3.) The Petitioner filed W.P. No. 26545 of 2008 for a direction to the Respondents to include the services rendered by him from his initial appointment till regularization (i.e. 03.01.1979 to 31.03.1990) for the purpose of retirement benefits. The Respondents opposed the claim made by the Petitioner on the ground that the aforesaid period of service from 03.01.1979 to 31.03.1990 as Double Part Time Vocational Instructor cannot be made applicable to part time teachers as they are not governed by any Service Rules. The Petitioner attained the age of superannuation during the pendency of the Writ Petition.