The past service of an appointed Secondary Grade Teacher must be counted towards pension benefits.

(Order of the Court was made by N.SATHISH KUMAR, J.)

Challenging the order of the learned Single Judge dated

18.08.2023 passed in W.P.(MD) No.15670 of 2016, the present writ appeal has been filed.

2. Heard the learned Additional Government Pleader for the appellants and the learned counsel for the first respondent.

3. The writ petition has been filed by the first respondent stating that the petitioner was a Graduate Teacher with qualification of B.Sc., B.Ed. At that time, the qualification for Secondary Grade Teacher is 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 fifth respondent school on 17.02.1998. Belatedly, pursuant to G.O.Ms.No.155, Education Department, dated 03.10.2002, the Graduate Teacher appointed to the post of Secondary Grade Teacher should possess one month Child Pshychology course and after such training only, the appointment would be approved. Accordingly, she has undergone such training and her appointment was approved on 02.06.2003. Therefore, she sought a direction to count her past service for the pensionary benefits.

4. The learned Single Judge allowed the writ petition, taking note of the judgment of the Division Bench in this regard, namely, State of Tamil Nadu, rep. by its Secretary and others vs. Pallivasal Primary School, rep. by its Correspoindent reported in 2002 (2) LW 591

5. It is relevant to note that the said judgment has reached finality and in the said judgment, the issue was clearly held that the past service shall be calculated for the pension. Later, the another Division Bench, in W.A.(MD) No.1464 of 2021, vide order dated 28.07.2021 in the case of District Elementary Educational Officer, Tirunelveli and others vs. M.S.Shanthi and others has also followed the Pallivasal Primary School’s case.

6. In such view of the matter, as the past service is ordered to be counted for pension, we do not find any infirmity in the order of the learned Single Judge. Hence, Writ Appeal is dismissed. No costs.