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2021 Supreme(Mad) 941

S.VAIDYANATHAN
T. S. Elangovan – Appellant
Versus
State of Tamil Nadu Rep. by Principal Secretary to Government School Education Department, Fort St. George, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.M.Saravanakumar
For the Respondent:Mr. P. Raja Government Advocate

ORDER :

1. This writ petition has been filed, seeking a direction to calculate the 50% of service rendered by the petitioners as part-time Vocational Instructor drawing consolidated pay along with regular service for arriving net qualifying service for calculation of pension and to grant all monetary and other attendant benefits and arrears within a stipulated time.

2. Mr.P.Raja, learned Government Advocate takes notice for Respondents. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that the Government issued G.O.Ms.No.408 Finance (Pension) Department dated 25.08.2009 and categorically held that the 50% of temporary services taken into account for regular establishment and for pensionary benefits. It is pertinent to note that the petitioners were initially appointed as Vocational Instructor on consolidated pay in the Tamil Nadu Educational Service and consequently absorbed in the regular time scale of pay. The Government specifically directed the respondents to calculate 50% of consolidated pay service rendered by the petitioners for calculation of pension to arrive the net qualifying

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