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BATTU DEVANAND
B. Manoharan – Appellant
Versus
Principal Accountant General, Office of the Principal Accountant General (Accounts & Entitlements) Tamilnadu, 361, Anna Salai, Chennai – Respondent
JUDGMENT
(Prayer:Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus, to call for the records relating to No.AG (A&G) PEN P25/12519316/5/R2519316 dated 26.12.2018 in so far as counted 15 years 7 months alone as total length service instead of 20 years 3 month 4 days and quash the same and consequently direct the respondents herein to include and count the petitioner''s service from 26.02.1998 to 01.06.2003 as service period along with attended benefits.)
1. Heard the learned counsel for the petitioner, the learned counsel for the first respondent and the learned Government Advocate for Respondents No.2 and 3 and perused the materials available on record carefully.
2. The learned counsel for the petitioner submits that the petitioner was a Graduate Teacher with qualification of B.Com., and B.Ed., Degrees. The qualification for the post of Secondary Grade Teacher is the passing of Diploma in Teacher Education. Since no eligible candidates were available to be appointed as Secondary Grade Teacher, the petitioner was appointed as Secondary Grade Teacher in the Respondent No.4-School on 26.02.1998. The petitioner was appointed
Past services rendered by the Teachers shall be counted for pension, as established by previous judgments.
Past service of unqualified Secondary Grade Teachers prior to Child Psychology Training counts for pension per Division Bench ruling.
Past service of unqualified Secondary Grade Teachers prior to Child Psychology Training completion counts for pension per Division Bench ruling.
The date of appointment should be considered for pension benefits, and delays caused by the respondents cannot be used to deny the petitioners' rights.
The past service of an appointed Secondary Grade Teacher must be counted towards pension benefits.
Resignation from a government service results in the forfeiture of previous service, as per Rule 41 of the Tamil Nadu State and Subordinate Services, and pension benefits cannot be based on service r....
The ratification of the appointment by the Government validated the inclusion of the petitioner's service as pensionable service.
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.
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