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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
S. Malathy and Another – Petitioners
Versus
The State of Tamil Nadu and Others – Respondents
W.P. Nos. 5674, 5675 of 2014, M.P. No. 1 of 2014
Decided On : 08-07-2022
Service Counting Dispute - Appointment of Secondary Grade Teachers - G.O.Ms. No. 536, Education and Public Health Department dated 13.04.1966, G.O.Ms. No. 1072 Personnel and Administrative Reforms (FR.III) Department dated 31st October, 1986 - Judgment of the Hon'ble Division Bench of this Court dated 04.12.2018 - Rule 41 of the Tamil Nadu State and Subordinate Services - Rule 23 of the Tamil Nadu Pension Rules - Fundamental Rule 26
Fact of the Case:
The petitioners sought to count their service as Secondary Grade Teachers in aided schools for re-fixation of scale of pay and pension benefits. The respondents treated them as fresh appointees in Panchayat Union Schools, resulting in reduced scale of pay.
Finding of the Court:
The court found that the petitioners' resignation from the aided schools led to the forfeiture of their previous service, as per Rule 41 of the Tamil Nadu State and Subordinate Services. The court also noted that Rule 23 of the Tamil Nadu Pension Rules does not allow counting of service prior to resignation for pension benefits. The court dismissed the writ petitions based on these rules.
Issues: The main issue was whether the petitioners' service in aided schools could be counted for re-fixation of scale of pay and pension benefits, despite their resignation and subsequent re-appointment as fresh appointees in Panchayat Union Schools.
Ratio Decidendi: The court relied on Rule 41 of the Tamil Nadu State and Subordinate Services and Rule 23 of the Tamil Nadu Pension Rules to determine that the petitioners' resignation led to the forfeiture of their previous service, and they were not entitled to the relief sought in the writ petitions.
Final Decision: The court dismissed both writ petitions, stating that the petitioners were not entitled to the relief sought. No costs were awarded, and connected Miscellaneous Petitions were closed.
ORDER :
Prayer in W.P. No. 5674 of 2014: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarifed Mandamus, call for the entire records connected with impugned letter of the 3rd respondent vide A.THI.MU. No. 4971/A4/12 dated 6.12.2012 and quash the same and direct the respondents to count the service of the petitioner rendered in the aided Bharathi Aided Primary School and Gandhiji Aided Middle School, as Secondary Grade Teacher from 12.12.2001 to 03.03.2008 for the purpose of re-fixation of scale of pay and pension benefits.
W.P. No. 5675 of 2014: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarifed Mandamus, call for the entire records connected with impugned letter of the 3rd respondent vide A.THI.MU. No. 4971/A4/12 dated 6.12.2012 and quash the same and direct the respondents to count the service of the petitioner rendered in the aided E.S. Subramniyam (ANM) Middle School, Podaturpet, as Secondary Grade Teacher from 30.03.2001 to 04.12.2006 for the purpose of re-fixation of scale of pay and pension benefits.
1. The orders impugned dated 06.12.2012, rejecting the claim of the writ petitioners to count the services of the petitioners rendered in the Aided Primary Schools as Secondary Grade Teachers are under challenge in the present writ petitions.
2. In respect of W.P. No. 5674 of 2014, the petitioner joined as Secondary Grade Teacher on 12.12.2001 in the aided school namely Bharathi Aided Primary School, Vilampadi, Kaveribakkam Union. The appointment of the writ petitioner was approved by the District Elementary Educational Officer, Vellore, in proceedings dated 18.12.2001, with effect form 12.12.2001 as Secondary Grade Teacher in the regular scale of pay. She was redeployed from Bharathi Aided primary School to Gandhiji Aided Middle School, Karaikal, Kaveripakkam Union and worked till 03.03.2008. The last drawn salary was a sum of Rs. 11,654/-. The petitioner was appointed as Secondary Grade Teacher based on her employment seniority and was posted at Panchayat Union Primary School, Panavaram, Kaveripakikami Union. She has resigned the post in the Aided School and accordingly, relieved on 03.03.2008. She joined in the Panchayat Union Elementary School in the scale of pay attached to the post of Secondary Grade Teacher i.e. Rs. 4500-125-7000. She was treated as fresh appointee.
3. In respect of W.P. No. 5675 of 2014, the petitioner joined as Secondary Grade Teacher on 30.03.2001 in the aided school namely E.S. Subramaniyam A.N.M. Middle School, Podaturpet, Tiruvallur. The appointment of the writ petitioner was approved by the District Elementary Educational Officer, Thiruvellore, in proceedings dated 24.12.2001, with effect form 30.03.2001 as Secondary Grade Teacher in the regular scale of pay. The last drawn salary was a sum of Rs. 10,098/-. The petitioner was appointed as Secondary Grade Teacher based on his employment seniority and was posted at P.U. Primary/Middle School, Nelvoy Kandigai, Nemili Union. He has resigned the post in the Aided School and accordingly, relieved on 04.12.2006. He joined in the Panchayat Union Elementary School, Nelvai Kandigai, Nemili in the scale of pay attached to the post of Secondary Grade Teacher i.e. Rs. 4500-125-7000. He was treated as fresh appointee.
4. The grievances of the writ petitioners are that they were earlier appointed as Secondary Grade Teachers in the Bharathi Aided Primary School and E.S. Subramaniyam A.N.M. Middle School respectively and their appointments were approved by Competent Educational Authorities. However, the 3rd respondent returned the proposal for fixing their pay in continuation of their appointment in the aided school was not in accordance with the procedures.
5. The petitioners state that even an employee without substantive appointment in the Government post and on discharge from service for want of vacancy and on re-appointment to the same post, draw the pay
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