ORDER :

1. This writ petition has been filed, seeking a direction to the respondents to consider the representation of the petitioner dated 04.02.2021 in the light of the full bench judgment made in W.A.Nos.158, etc., batch, (Government of Tamil Nadu and others Vs. R.Kaliyamoorthy) dated 03.12.2019 reported in (2019) 6 CTC 705, and re-fix the petitioner's pension by including 50% of service rendered by the petitioner as Double Part Time vocational Teacher from 01.07.1987 to 15.10.1992 within the time period stipulated by this Court.

2. Mr.P.Raja, learned Government Advocate takes notice for Respondents 1, 2 & 4 to 6 and Mr.V.Vijayashankar, learned counsel takes notice for 3rd respondent. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that he joined as a Double Part Time Vocational Teacher (Auditing and Accountancy) on 01.07.1987 in Nirmala Higher Secondary School, Kolathur, Mettur dam which is a Government Aided School, the appointment was approved by the Chief Educational Officer/4th respondent by its order dated 17.11.1987 and the petitioner service was regularised in a time scale of pay on 16.10.1992. On 16.10.2002, the petitioner was given selection grade of pay and on 16.10.2012, the petitioner was given special grade of pay. The petitioner's 50% of service as part time vocational teacher for the period between 01.07.1987 to 15.10.1992 has not been taken into account while calculating the pensionable service. Though similarly placed persons have been given pensionary benefit by taking 50% of service rendered by them as part time vocational teacher based on the orders passed in W.A.No.1380 of 2019 and the same was disposed by its order dated 24.04.2019.

4. It is further averred that the G.O.Ms.No.194, School Education Department, dated 12.09.2018 stating that the Government has passed orders giving the benefit of the earlier service to the vocational instructors, only for the matters pending before the Court. Subsequently the said G.O. has been overruled by the recent Full Bench decision of this Court in a batch of writ appeals and writ petitions i.e., in W.A.Nos.158 etc., batch (Government of Tamil Nadu and others Vs. R.Kaliyamoorthy) dated 03.12.2019 it has been held that if the service of an employee has been regularised before 01.04.2003 only his/ her half of past service will be counted for the purpose of determination of qualifying service for pension. Admittedly in this petition, the service of the petitioner has been regularised as early as on 16.10.1992 itself and therefore this petitioner is entitled to get the same. The Division Bench of Madurai High Court passed an order by following the above said full bench judgment of this Court and by following the Hon'ble Supreme Court order in an identical matter in W.A.(MD).No.517 of 2020, dated 13.08.2020 and in W.P.(MD).5944 of 2020 dated 23.03.2020 and in W.P.(MD).No.10466 of 2020 dated 30.08.2020. There respondents have not extended the said benefit to this petitioner despite of several representation made by the petitioner and finally the petitioner made a representation on 04.02.2021 and requested to include 50% of his service as Part Time Vocational Teacher for the purpose of calculating the pension benefits from 01.07.1987 to 15.10.1992 and to disburse the same. On receipt of such representation no order was passed till date. Therefore the petitioner has filed the present writ petition.

5. Learned counsel for the Petitioner relied upon a Full Bench decision of this Court in a batch of Writ Appeals and Writ Petitions i.e. in W.A.No.158 of 2016 etc. batch, dated 03.12.2019, wherein, this Court held that, if the service of an employee has been regularized before 01.04.2003 only, his half of past service will be counted for the purpose of determination of qualifying service for pension. For better appreciation, relevant portion of the said judgment is extracted hereunder:

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