IN THE COURT OF JUDICATURE AT MADRAS DATED 23.02.2011 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P.No.272 OF 2008 N. Angappan .. Petitioner -vs- 1. State of Tamil Nadu, rep. By its Secretary to Government, School Education Department, Secretariat, Chennai.9. 2. Director of School Education, Chennai.6. 3. Chief Educational Officer, Salem, Salem District. .. Respondents Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the 2nd respondent in his proceedings Na.Ka.No.13260/V1/E1/2007, dated -04.2007 and quash the same and direct the 2nd respondent to forward the papers of the 1st respondent so as to enable the 1st respondent to take decision and pass orders so as to enable the petitioner to get pension counting half of his part time service. For Petitioner: : Mr. P. Ganesan For Respondents: : Mrs. E. Ranganayaki Govt. Advocate ORDER This writ petition is filed to call for the records pertaining to the order passed by the 2nd respondent in his proceedings Na.Ka.No.13260/V1/E1/2007, dated -04.2007 and quash the same and direct the 2nd respondent to forward the papers of the 1st respondent so as to enable the 1st respondent to take decision. 2. This writ petition has been filed to take into consideration 50% of the temporary service along with the regular service for the purpose of pensionary benefits. https://hcservices.ecourts.gov.in/hcservices/ 3. The petitioner was appointed on consolidated pay from 18.11.1984 to 11.11.1997 and he was brought under regular service from 12.11.1997 and retired on 10.6.2002. 4. This Court, in a similar case, passed the following order dated 16.4.2009 in WP No. 39177 of 2002: " The Court after carefully considering the submissions made by the learned counsel appearing on either side, is of the view that as per the orders dated 2.2.2006 passed in W.P.No.27017 of 2005, the period in which the petitioner was on consolidated pay i.e. From 7.9.1978 to 31.3.1990 and from 1.4.1994 to 22.9.1994 can be taken into consideration by adding 50% of the said service for the purpose of calculating the length of service for pension purpose along with the qualifying service rendered by him from 1.4.1990 to 31.3.1994 and from 23.9.1994 to 31.5.2001. In the result, the writ petition is allowed and the impugned order is quashed and the respondents are directed to calculate the pension of the petitioner in the light of the above said observation and pay the same to him within a period of eight weeks from the date of receipt of a copy of this order. " The said order was confirmed by the first Bench of this Court in its order dated 20.9.2010 in W.A.No. 1702 of 2010 and the order reads as follows:- " It is evident from the records that the writ petitioner was appointed on consolidated pay from 7.9.1978 to 31.3.1990. Thereafter, he was brought into regular time scale of pay from 1.4.1990 to 31.3.1994 and from 23.9.1994 to 31.5.2001. Therefore, the learned single Judge rightly held that 50% of the said service should be added for the purpose of calculating the length of service for pension purpose. We do not find any error in the impugned judgment. Hence, the writ appeal is dismissed." The respondents have not disputed the above facts. In view of the above decision, which squarely applies to the present case, this writ petition is allowed and the impugned order is set aside. The petitioner is entitled to consequential relief as in the above stated case. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Chennai.9. 2. Director of School Education, Chennai.6. 3. Chief Educational Officer, Salem, Salem District. 1 cc To M/s.S.Mani, Advocate, SR.13167 1 cc To The Government Pleader, SR.13153 WP No.272/2008 MS (CO) RH (14.3.11) https://hcservices.ecourts.gov.in/hcservices/