IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.01.2026 CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P. No.9016 of 2024 M.Suganthi Vasantha Rani, Petitioner Vs

1. State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai -600 009.

2.The Director of Elementary Education, D.P.I.Compound, College Road, Chennai -600 061.

3.The Chief Educational Officer, Thiruvannamalai Educational District, Thiruvannamalai District -601602.

4.The District Elementary Educational Officer, Thiruvannamalai District.

5.The Block Educational Officer, Polur-Thiruvannamalai District-606 803.

6.The Principal Accountant General, Office of the Accountant General( A & E)

Tamil Nadu, No. 361, Anna Salai, Teynampet, Chennai -600 018. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus to call for the records relating to impugned order of returning the proposal by the 6^th respondent in P25/2/12524246/ADK/71 dated 28/09/2022 and quash the same as illegal and unsustainable and direct the respondents to count 50% of the services rendered by the petitioner as part time vocational teacher(From 16.11.1992 to 16.06.2000) for pesionary benefits and direct the respondent to refix the pension.

For Petitioner : Mr.R. Govindaraj For Respondents : Mrs.S. Mythreye Chandru Spl. Govt. Pleader for R1 to R5 Mrs. Hema Muralikrishna for R6

ORDER

This writ petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings of the 6^th respondent in P25/2/12524246/ADK/71 dated 28.09.2022, quash the same as illegal and unsustainable, and consequently direct the respondents to count 50% of the services rendered by the petitioner as Part-Time Pre-Vocational Teacher from 16.11.1992 to 16.06.2000 for the purpose of pensionary benefits, refix the pension accordingly and extend all consequential monetary benefits without interest.

2. Short facts :-

a. The petitioner was appointed as a Part Time Pre-Vocational Teacher on

16.11.1992 on consolidated pay. While in service, she was sponsored by the respondents themselves for mandatory three months training under G.O.Ms.No.224, dated 24.03.1994, from 15.04.1999 to 10.07.1999.

b. Upon successful completion of the training, her services were regularised as Full Time Pre-Vocational Teacher by proceedings dated 06.06.2000, and she joined duty on 16.06.2000, i.e., well prior to 01.04.2003. The petitioner retired from service on 31.08.2018 on attaining the age of superannuation.

c. After retirement, she submitted representations seeking counting of

50% of the part-time service rendered from 16.11.1992 to 16.06.2000 for pensionary benefits. The proposal forwarded by the 5^th respondent was returned by the 6^th respondent vide proceedings dated 28.09.2022, which is impugned herein.

3. Learned counsel for the petitioner contended that the petitioner was appointed as Full Time Pre-Vocational Teacher from16.06.2000 i.e., before 01.04.2003, and therefore her case squarely falls under para 45(iii) of the Hon’ble Full Bench judgment in The Government of Tamil Nadu v. R.

Kaliyamoorthy, reported in 2019 (6) CTC 795.

He further submitted that pension is a continuing cause of action, and the delay cannot be put against the petitioner. The respondents themselves cannot now deny the benefit after having sponsored the petitioner for training and regularised her service. Hence, the impugned order dated28.09.2022 issued by the 6^th respondent is contrary to settled law and liable to be quashed.

4. Learned Special Government Pleader appearing for the respondents 1 to 5 submitted that the petitioner retired in the year 2018, whereas the Hon’ble Full Bench judgment was in 2019, and the present writ petition was filed only in 2024, and hence the petition suffers from delay and laches. Further, she submitted that the petitioner was not a party to the earlier writ proceedings and was