Dismissed

S.S.Haja Mohideen, v. The Principal Secretary to Government

Madras HC6 Aug 2024WP/794/2020

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed by a retired Weaving Instructor challenging orders rejecting his pension proposal under the Tamil Nadu Pension Rules 1978. The court held that the petitioner failed to meet mandatory service period requirements, finding no infirmity or illegality in the impugned orders and allowing the writ petition to die.

What the court decided

AI extract

S.S.Haja Mohideen, Vs The Principal Secretary… — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.794 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.08.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.794 of 2020 and WMP No.957 of 2020

S.S.Haja Mohideen

... Petitioner

vs.

The Principal Secretary to Government, School Education Department, Fort St. George, Chennai – 9.

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The Director of School Education, DPI Complex, College Road, Chennai.

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The District Education Officer, Tenkasi, Tirunelveli District.

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The Principal Accountant General of Tamil Nadu, Teynampet, Anna Salai, Chennai.

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The Correspondent, Masood Thaika Higher Secondary School, Kadayanallur, Tirunelveli District. ... Respondents

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

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W.P.No.794 of 2020

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PRAYER:

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant tot he 1st impugned order i ssued by the 4th respondent in proceedings No. P25/ 2/ 12513644/ ADK dated 22.08.2016 and the 2nd impugned order issued by the 4th respondent in proceedings No. P25/ 4/ 12516579/ ADK dated 22.03. 2018 and quash these orders and consequently direct the respondent to sanction and pay pension and all other pensionary benefits to the petitioner under the Tamil Nadu Pension Rules 1978 with effect from 30.04.2015 with all consequential service and monetary benefits.

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For Petitioner : Mr.R.Prem Narayan

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For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader

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O R D E R

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The writ petition has been filed challenging the orders dated 22.08.2016 and 22.03.2018 passed by the 4^th respondent.

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The petitioner was working as a Weaving Instructor (Craft

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Teacher) in the 5^th respondent school. The 5^th respondent is a minority institution and was granted, grant-in-aid to meet out the salary and other expenses. Subsequently, the grant-in-aid was stopped and as such the 5^th respondent filed a writ petition before this Court, pursuant to which, sanction was accorded for creation of temporary posts of Headmaster,

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

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W.P.No.794 of 2020

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B.T.Assistant, Tamil Pandit, P.E.T., Drawing Master, Weaving Instructor, Record Clerk, Watchman and Sweeper.

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Therefore, in accordance with the order in G.O.Ms.No.84, Education (D1) Department, dated 20.01.1987, the petitioner was paid the salary by the Government from 01.06.1981 to 19.06.1985 and from 09.06.1987 to 31.08.1992. However, from 01.09.1992 to 30.04.2015, the petitioner was paid salary by the management. While he was in service, on 19.06.1985, the petitioner resigned from service and joined in the same post on 09.03.1987. Thereafter, due to his attaining the age of superannuation, he retired from service on 30.04.2015.

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The 3^rd respondent forwarded the pension proposal of the petitioner to the 4^th respondent. However, the proposal was returned by the 4^th respondent vide order dated 22.08.2016, for the reason that the petitioner is not entitled for pension under Voluntary Retirement Scheme and the petitioner has neither rendered 20 years of service nor completed 15 years of service as on 31.08.1982, which are mandatory requirements under the Tamil Nadu Pension Rules, 1978 under the Voluntary Retirement category, as contemplated under Rule 56(a) of the Fundamental Rules.

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

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W.P.No.794 of 2020

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Once again, the pension proposal was submitted to the 4^th

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respondent through the 3^rd respondent. However, it was also rejected by the 4^th respondent vide order dated 22.03.2018, on the ground that the petitioner has rendered only five years of service, after his reappointment, subsequent to his resignation i.e., from 09.03.1987 to 31.08.1992. This Court finds no infirmity or illegality in the orders passed by the 4^th respondent. Hence, the writ petition is devoid of merits and liable to be dismissed.

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Accordingly, the Writ Petition stands dismissed. No Costs.

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Consequently, the connected Writ Miscellaneous Petition is closed.

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06.08.2024

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Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No ars

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

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W.P.No.794 of 2020

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G.K.ILANTHIRAIYAN, J.

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ars

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The Principal Secretary to Government, School Education Department, Fort St. George, Chennai – 9. 2. The Director of School Education, DPI Complex, College Road, Chennai.

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The District Education Officer, Tenkasi, Tirunelveli District. 4. The Principal Accountant General of Tamil Nadu, Teynampet, Anna Salai, Chennai.

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The Correspondent, Masood Thaika Higher Secondary School, Kadayanallur, Tirunelveli District.

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W.P.No.794 of 2020

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S.S.Haja Mohideen, v. The Principal Secretary to Government

Case brief

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What the court decided

S.S.Haja Mohideen, v. The Principal Secretary to Government

Case brief

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