Allowed

G.Philomin Lgonia Merlin Mary v. the Secretary to Government

Madras HC20 Sept 2023WP(MD)/18106/2017

Case brief

AI extract

What is this about?

This court allowed a writ petition filed by a retired teacher seeking to count 25 years of service rendered in a Rubber Corporation School towards his pension. The court held that the petitioner's pre-absorption service must be recognized for pensionary benefits and set aside the order denying the same.

What did the court decide?

Impugned order dated 30.08.2017 set aside; respondents directed to count petitioner's service from 02.06.1989 to 02.06.2014 for pensionary benefits within four weeks.

G.Philomin Lgonia Merlin Mary Vs the… — Pension and Retirement Benefits | Madras HC (2023)

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W.P(MD)No.18106 of 2017

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 20.09.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE BATTU DEVANAND

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W.P.(MD)No.18106 of 2017 and W.M.P. (MD) No. 6560 of 2019

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G. Philomin Igonia Merlin Mary ...Petitioner Vs.

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The Secretary to Government, Department of School Education, St. George Fort, Secretariat, Chennai.

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The Director of Elementary Education, DPI Complex, Nungambakkam, Chennai -06.

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The Principal Accountant General, Office of the Principal Accountant General, 361, Annasalai, Chennai 18.

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The District Elementary Education Officer, Nagercoil, Kanyakumari District.

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The Assistant Elementary Education Officer, Nagercoil, Kanyakumari District. ....Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution

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of India, seeking for the issuance of Writ of Certiorarified

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.18106 of 2017

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Mandamus calling for the records relating to the impugned order bearing No.P11/4/11120879/ADK dated 30.08.2017 issued by the 3^rd respondent and quash the same and consequently direct the respondents to count the service rendered by the petitioner as Secondary Grade Teacher in the school run by the Arasu Rubber Corporation for a period from 02.06.1989 to 02.06.2014 for the purpose of pension and direct the respondents to grant pension and other consequential monetary cum retirement benefits to the petitioner.

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For Petitioner : Mr.M.Gnanagurunathan For R1, R2, R4 & R5 : Mr.R.Baskaran Additional Advocate General for Mr.V.Nirmal Kumar Government Advocate For R3 : Mr.P.Gunasekaran

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O R D E R

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This Writ Petition has been filed against the impugned order bearing No.P11/4/11120879/ADK dated 30.08.2017 issued by

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https://www.mhc.tn.gov.in/judis

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the 3^rd respondent and for a consequential direction to the 2

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W.P(MD)No.18106 of 2017

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respondents to count the service rendered by the petitioner as Secondary Grade Teacher in the school run by the Government Rubber Corporation for a period from 02.06.1989 to 02.06.2014 for

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the purpose of granting pensionary benefits to the petitioner.

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2. The case of the petitioner is as follows:

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i) The petitioner was appointed as Secondary Grade

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Teacher on 03.05.1989 in a Government undertaking school,

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namely, Government Rubber Corporation Ltd. School (in short “Rubber Corporation School”) in Chithar Division and had been working in the said School till 02.06.2014. Subsequently, pursuant

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to the decision taken by the Government, four schools run by the Rubber Corporation School had been brought under the direct control of the Government vide G.O.(Ms) No.253 dated 01.10.2009 and the Government again issued a Government Order in G.O.Ms.No.73 dated 03.06.2014 for absorbing all the teachers working in the Rubber Corporation School into Government.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.18106 of 2017

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ii) The petitioner, after his absorption, was transferred to Government Middle School, Chithar on 03.06.2014 and retired on 31.07.2017 and the petitioner had put in a total service of 28 years as Secondary Grade Teacher, out of which, he rendered 25 years of service in the Rubber Corporation School. Therefore, according to the petitioner, his previous 25 years of service rendered in the Rubber Corporation School has to be taken into account for the purpose of grant of pension.

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3. Heard the learned counsel appearing for the petitioner,

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the learned Additional Advocate General, appearing for the learned Government Advocate for the respondents 1, 2, 4 and 5 and the learned counsel appearing for the 3^rd respondent.

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4. It is an admitted fact that the petitioner was initially appointed as Secondary Grade Teacher in the Rubber Corporation School against a vacancy on regular pay and worked there for about

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.18106 of 2017

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25 years between 02.06.1989 to 02.06.2014. Later on, it was the Government, which had taken a policy decision to bring four schools run by the Rubber Corporation under its direct control with further order to absorb all the teachers into Government. Therefore, the stand of the Government that the period rendered by the petitioner after his absorption, viz., after issuance of the Government Order dated 03.06.2014 for absorption of such teachers,will alone be taken into account for counting the pensionary benefits, cannot be accepted and it has no legs to stand.

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5. Hence, finding much force in the contention raised by the learned counsel for the petitioner, this Court is of the opinion that the impugned order is liable to be set aside.

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6. Accordingly, this Writ Petition is allowed with the following

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directions:

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i) The impugned order bearing P11/4/11120879/ADK dated

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30.08.2017 issued by the 3^rd respondent is set aside.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.18106 of 2017

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ii) The respondents shall count the services rendered by the petitioner as Secondary Grade teacher in the schools run by the Government Rubber corporation for a period from 02.06.1989 to 02.06.2014 for the purpose of granting pensionary benefits to the petitioner and the benefits accrued therefrom, within a period of four weeks from the date of receipt of a copy of this order.

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7. No costs.

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8. Consequently, connected miscellaneous petition is closed.

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20.09.2023

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Index : Yes / No NCC : Yes / No CM

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.18106 of 2017

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To,

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The Secretary to Government, Department of School Education, St. George Fort, Secretariat, Chennai.

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The Director of Elementary Education, DPI Complex, Nungambakkam, Chennai -06.

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The Principal Accountant General, Office of the Principal Accountant General, 361, Annasalai, Chennai 18.

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The District Elementary Education Officer, Nagercoil, Kanyakumari District.

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The Assistant Elementary Education Officer, Nagercoil, Kanyakumari District.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.18106 of 2017

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BATTU DEVANAND, J.

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W.P.(MD)No.18106 of 2017 and W.M.P. (MD) No. 6560 of 2019

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20.09.2023

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https://www.mhc.tn.gov.in/judis

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G.Philomin Lgonia Merlin Mary v. the Secretary to Government

Case brief

What is this about?

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G.Philomin Lgonia Merlin Mary v. the Secretary to Government

Case brief

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