Employees absorbed into regular substantive posts prior to 2003 are entitled to count 50% of their past part-time service toward qualifying pensionary service, and the State cannot arbitrarily exclude similarly placed employees from this benefit as it violates Article 14 of the Constitution.

PRAYER: This writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to count 50 percent part-time services rendered by the petitioner for the period from 19.6.1986 to 5.11.1997 along with her Regular Service the purpose of qualifying service for pension and to confer all consequential Revision of pension in the light of various orders of this Court.

For Petitioner(s): Mr.V.Ravikkumar For Respondent(s): Mrs.Mythreye Chandru, SGP for R1 -4 Mr.V.Vijay Shankar, Standing Counsel for R5

ORDER

The writ petition has been filed to direct the respondents to count 50 percent part-time services rendered by the petitioner for the period from 19.6.1986 to 5.11.1997 along with her Regular Service the purpose of qualifying service for pension and to confer all consequential Revision of pension in the light of various orders of this Court.

2. When the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 4, on instructions, would submit that the respondents are in the process of complying with the orders of this Court passed in writ appeal in WA (MD) No.532 of 2025 dated 13.03.2025, counting 50% part-time service rendered by the employees for calculating their pension. She would submit that the respondents will positively comply with the aforesaid order within a period of three months.

3.This Court, in writ appeal in WA (MD) No.532 of 2025 dated

13.03.2025, has observed as follows:

“4. The issue was already considered elaborately by another Coordinate Division Bench in W.A.(MD)No.347 of 2021 batch, wherein, the government appeals and review applications were dismissed. The relevant portion of the order is extracted hereunder:

“9. The issue of regularization of Single Part Time and Double Part Time Vocational Instructors have prolonged history of litigations. Based on the orders of this Hon’ble Court, the Government had issued G.O.Ms.No.712 dated 28.05.1990, G.O.Ms.No.834 dated 23.09.1994 and G.O.Ms.No.221 dated 15.07.1999, whereby, the service of the Vocational Instructors in both Single Part Time and Double Part Time were periodically regularized during the years 1990, 1994 and 1999.

10.Again the teachers demanded to count the past service and filed several writ petitions. After considering the demand, the Government had issued G.O. to count 50% of the part time Vocational Instructor service but granted the benefits only for the “Double Part Time Instructors” and denied the benefits to “Single Part Time Instructors”. The teachers who were serving as Single Part Time Instructors had preferred several writ petitions and the same was allowed. Aggrieved over, the Government had filed writ appeals. The Hon’ble Division Bench after hearing the arguments of the Government in W.A.Nos.882 of 2017 batch vide order dated 06.04.2018 had specifically held that the benefits shall be granted to the persons who had filed the writ petitions and denied the benefits for fence sitters. The said finding was rendered since the same was touching the financial implication of the State. The relevant portion of the order is extracted here under:

15.In terms of the above discussions, we dispose of the writ appeals as under: (i)50% of the services rendered by the respondents herein, as Part Time Vocational Instructor (either as Single Part time or Double Part Time Vocational Instructor), shall be counted for the purpose of computing pension and other retiral benefits. (ii)The above said benefit shall be extended only to the respondents in these writ appeals and for the persons similarly situated like that of the respondents herein, whose cases are pending before this Court. Thus, it is made clear that the above said benefit shall not be extended to any other future cases that may be filed on this account