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M. S. RAMESH
P. Nedumaran – Appellant
Versus
Government of Tamil Nadu rep. by the Secretary to Government, Education Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Mandamus, directing the respondents 1 to 3 herein to regularize the petitioner-s service as B.T. Assistant in the fourth respondent school, for the period 03.06.1987 to 23.11.1995 by continuing the sanction accorded in G.O. Ms No.481, Education (D1) / Department dated 04.04.1990 read with G.O. Ms No.525 Education Department, dated 22.11.1997 in terms with the direction issued by this Hon’ble Court Division Bench by its judgment reported in 2008 (4) MLJ 289 and to pay all service benefits, emoluments, arrears of salary and revised pension within such time as fixed by this Court.)
The petitioner herein claims for inclusion of his past services in an unaided post as pensionable service, for the calculation of his monthly pension.
2. Heard the learned counsel for the parties.
3. The petitioner was appointed as B.T. Assistant on 03.06.1987 in an unaided post in the fourth respondent institution. When the fourth respondent had sought for sanction of teaching post in accordance with G.O.(Ms) No.250, School Education Department, dated 29.02.1964, the Government had issued G.O. (Ms) No.481,
The petitioner's service from the date of appointment in the unsanctioned post could be taken into account for calculating her pensionable service, as ratified by the Government.
The ratification of the appointment by the Government validated the inclusion of the petitioner's service as pensionable service.
Past services rendered by the Teachers shall be counted for pension, as established by previous judgments.
Entitlement to pension benefits is governed by the conditions specified in the Tamil Nadu Pension Rules, and abandonment of service may disqualify an individual from receiving pension benefits.
Point of law: practice of the Government issuing Government Orders for fulfilling the needs of individual persons, for one reason or the other, should be put a stop to, as otherwise the clause of equ....
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