Madras High Court
The State Of Tamil Nadu vs V.Kanakaraj on 8 July, 2025
Author: R. Subramanian
Bench: R. Subramanian
W.A.No.1300 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2025
CORAM :
THE HONOURABLE MR.JUSTICE R. SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE K. SURENDER
W.A.No.1300 of 2025
1. The State of Tamil Nadu
Rep. By its Secretary
Public Works Department
Fort St. George, Chennai – 600 009.
2. The Chief Engineer (General) & Engineer in Chief
Public Works Department, Chepauk
Chennai – 600 005.
3. The Assistant Executive Engineer
PWD/WRO, Marudaiyaru Basin Sub-Division
Ariyalur. .. Appellants
Vs.
1. V.Kanakaraj
2. R.Ganesan
3. V.Ramanathan
4. A.John Tamiz Maran
5. R.Mathiazhagan
6. K.Uma
7. Anbarasan
8. P.Thangavelu
9. S.Subramanian
10. Sarprasatham
11. The Principal Accountant General
(Accounts and Entitlement)
No.361, Anna Salai
Chennai – 600 018. .. Respondents
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W.A.No.1300 of 2025
Prayer: Appeal filed under Clause 15 of the Letters Patent, against
the order made in W.P.No.23743 of 2011 dated 18.12.2023.
For the Appellants : Mr.T.Chandrasekaran
Special Government Pleader
For the Respondents : Mr.L.Chandrakumar
for R1 to R10
JUDGMENT
(Judgment of the Court was made by R. SUBRAMANIAN, J.) Challenge is to the order made in W.P.No.23743 of 2011 dated 18.12.2023.
2. The issue relates to the claim of pension by temporary employees who were regularized subsequently. This issue is governed by the decision of the Full Bench in the case of Government of Tamil Nadu and Ors. vs R.Kaliyamoorthy, where, the Full Bench had issued the following directions regarding entitlement to pension:
“45. In the light of the above, we answer the reference as follows:-
i) Those who are freshly appointed on or after 01.04.2003 are not entitled to pension in view of proviso to Rule 2 of Tamil Nadu Pension Rules, 1978 inserted by G.O.Ms.No.259 dated 06.08.2003 Page 2 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/07/2025 07:38:34 pm ) W.A.No.1300 of 2025
(ii) Those government servants/employees appointed prior to 01.04.2003 whether on temporary or permanent basis in terms of Rule 10 (a) (i) of Tamil Nadu State and Subordinate Service Rules will be entitled to get pension as per the Tamil Nadu Pension Rules, 1978.
(iii) In case, a government employee/servant had also rendered service in non-provincialised service, or on consolidated pay or on honorarium or daily wage basis and if such services were regularised before 01.04.2003, half of such service rendered shall be counted for the purpose of conferment of pensionary benefits.
(iv) Those government servants who were appointed in the aforesaid four categories before the cut off date and later appointed under Rule 10
(a) (i) of Tamil Nadu State and Subordinate Service Rules before 01.04.2003 and absorbed into regular service after 01.04.2003 will not be entitled to count half of their past service for the purpose of determination of qualifying service for pension.
(v) Those government servants who were appointed in the aforesaid four categories before 01.04.2003 but were absorbed in regular service after 01.04.2003 will not be entitled to count half Page 3 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/07/2025 07:38:34 pm ) W.A.No.1300 of 2025 of their past service for the purpose of determination of qualifying service for pension.”
3. The learned Single Judge had only followed the judgment of the Full Bench and directed that the petitioners 2,4,5 and 10, who have completed 10 years of service prior to 01.04.2003 alone would be entitled to the benefits. As regards others, the writ petition has been dismissed.
4. Mr.T.Chandrasekaran, learned Special Government Pleader appearing for the appellants would vehemently contend that since the Government Order in question, namely G.O.Ms.No.334 dated 19.10.2007 was issued only in the year 2007, dehors regularization, these respondents should be treated as having been appointed to regular service only on 19.10.2007 and therefore, they would not be entitled to pension.
5. This contention of the learned Special Government Pleader is against the dictum of the Full Bench of this Court referred to supra.
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6. We have extracted the directions of the Full Bench. We find that the private respondents herein would fall within Clause (ii) of the directions issued by the Full Bench. Hence, we see no merits in the appeal. The appeal fails and is accordingly, dismissed. However, there shall be no order as to costs. Consequently, C.M.P.No.9867 of 2025 is closed.
(R.S.M., J.) (K.S., J)
08.07.2025
Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No Neutral Citation:Yes/No drm To:
1. The Secretary The State of Tamil Nadu Public Works Department Fort St. George, Chennai – 600 009.
2. The Chief Engineer (General) & Engineer in Chief Public Works Department, Chepauk Chennai – 600 005.
3. The Assistant Executive Engineer PWD/WRO, Marudaiyaru Basin Sub-Division Ariyalur.
4. The Principal Accountant General (Accounts and Entitlement) No.361, Anna Salai, Chennai – 600 018.Page 5 of 6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/07/2025 07:38:34 pm ) W.A.No.1300 of 2025 R. SUBRAMANIAN, J.
AND K. SURENDER, J.
(drm) W.A.No.1300 of 2025 08.07.2025 Page 6 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/07/2025 07:38:34 pm )