A teacher's continuous service before the cut-off date of 1.4.2003 qualifies for old pension benefits despite later regularization, affirming the principle of service continuity.

ORDER :

M.DHANDAPANI, J.

Challenging the impugned order in and by which the claim for old pension scheme was rejected by the 5^th respondent, the present writ petition filed by the petitioner.

2. It is the case of the petitioner that her husband was appointed as Secondary Grade Assistant with graduate qualification in Government Aided School, Panangattangudi, Elathur Post, Sirkali Taluk on 09.03.1998. The petitioner was appointed with graduate qualification in the absence of D.T.Ed. qualified hands. It is the further case of the petitioner that the school in which the petitioner’s husband was employed was taken over by the Government and renamed as Panchayat Union Middle School, Panagattangudi from the year 2006 and the teachers, who were working in the said school have been absorbed into Government service without any break in service. Accordingly, upon the taken over of the school and absorption of the petitioner’s husband in the Government service, he joined the service on 02.11.2006 and, therefore, there was no break in service. It is the further averment of the petitioner that since the school was taken over by the Government along with the services of her husband, her husband is entitled to pensionary benefits.

3. It is the further averment of the petitioner that on reaching the age of superannuation, her husband retired from service on 31.05.2019 and, thereafter, her husband suddenly expired on 9.11.2019 leaving the petitioner and her children in lurch.

4. It is the further averment of the petitioner that the State Government issued orders in G.O. Ms. No.559 dated 11.7.1995 ordering that Graduate Teachers will not be appointed as Secondary Grade Teacher in Aided Schools, but subsequently, vide G.O. Ms. No.394 dated 12.09.1997, the Government approved the appointment of B.T. Assistant/Tamil Pandit as Secondary Grade Teacher in Aided Schools till 10.07.1995 if the appointment was made as per rules.

5. It is the further averment of the petitioner that the Government issued G.O. Ms. No.155 dated 3.10.2002 directing that B.T. Assistants/Tamil Pandit having B.Ed. qualification and appointed in regular post of Secondary Grade Teacher in Private Aided Schools from 11.07.1995 to 19.05.1998 shall undergo one month Child Psychology Training through District Institute of Education and Training and as on date of completion of training the appointment shall be approved and salary shall be paid with effect from the date of approval of appointment.

6. It is the further averment of the petitioner various persons working as Secondary Grade Teachers having B.Ed. qualification and appointed during the period from 11.07.1995 to 19.05.1998, who were regularised in service after 1.4.2003, requested for counting the period of service rendered by them from the date of appointment for pensionary benefits, which were not considered, which culminated in the orders being passed in W.A. No.249/2000, etc., directing to count the past services rendered by Secondary Grade Teachers for pensionary benefits, which order has since been confirmed by the Apex Court in Civil Appeal No.5012 of 2006 dated 15.2.2006.

7. It is the further averment of the petitioner that vide G.O. Ms. No.430, Finance Department dated 6.8.2004, the Government introduced Contributory Pension Scheme for all the employees, who were recruited on or after 1.4.2003. In view of the said Government Order, the Secondary Grade Teachers, who were appointed prior to 1.4.2003, but completed Child Psycholog