Madras High Court
The Government Of Tamil Nadu vs B.D.Kumarasamy .. 1St on 26 April, 2021
WA.No.1607/2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 26.04.2021
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM
WA.No.1607/2019 & CMP.No.10965/2019
1.The Government of Tamil Nadu
rep.by its Principal Secretary
Animal Husbandry and Fisheries
Department, Secretariat,
Chennai-9.
2.The Director of Animal Husbandry and
Veterinary Services, DMS Department
Chennai 600 006.
3.The Regional Joint Director,
Animal Husbandry Department
Thiruvllur District, Thiruvallur.
4.The Assistant Director,
Animal Husbandry Department
Thiruthani, Thiruvallur District. .. Appellants /
Respondents
Versus
1
https://www.mhc.tn.gov.in/judis/
WA.No.1607/2019
1.B.D.Kumarasamy .. 1st Respondent/Writ
Petitioner
2.The Accountant General of Tamil Nadu
Office of the Accountant General
Anna Salai, Teynampet,
Chennai-18. .. Respondents /
Respondents
Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent against
the order made in WP.No.8858/2018 dated 12.04.2018.
For Appellants : Mrs.A.Srijayanthi
Special Government Pleader
For R1 : Mr.M.R.Jothimanian
For R2 : Mr.Balan Haridas
JUDGMENT
[Judgment of the Court was delivered by M.SATHYANARAYANAN, J.,
through Video Conferencing]
1. By consent, the writ appeal is taken up for final disposal and is
disposed of by this judgment.
2. The official respondents in the writ petition is the appellants herein.
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WA.No.1607/2019
3. The 1st respondent in the writ appeal/writ petitioner prayed for
issuance of a writ of mandamus directing the official respondents to
count half of the service rendered by the writ petitioner as Animal
Husbandry Assistant [on temporary services] from 20.11.1989 to
06.08.2012 along with regular service rendered by him in the said
post from 07.08.2012 to 30.06.2015 as qualifying service for
pensionary benefits and send the proposal to the 5th respondent for
grant of pension with all consequential monetary benefits.
4. The learned Single Judge, after taking note of Rule 11 of the Tamil
Nadu Pension Rules, 1978, especially the prescription of the cut-off
date on 01.04.2003 and further taking into consideration the other
materials, had disposed of the said writ petitions with a positive
direction vide impugned order dated 12.04.2018 and aggrieved by the
same, the present writ appeal is preferred.
5. Mrs.A.Srijayanthi, learned Special Government Pleader appearing for
the appellants would submit that in the light of the dicta/ratio laid
down by a Full Bench of this Court reported in 2019 [6] CTC 705
[The Government of Tamil Nadu rep.by its Secretary to
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WA.No.1607/2019
Government, Public Works Department, Secretariat, Chennai-600
009 and others Vs. R.Kaliyamoorthy] , the impugned order warrants
interference.
6. Per contra, Mr.M.R.Jothimanian, learned counsel for the 1st
respondent/writ petitioner would submit that the learned Judge has
rightly taken note of the rule position and having found that the
matter in issue is squarely covered by various pronouncements of this
Court, has rightly granted the relief and hence, prays for dismissal of
this writ petition.
7. This Court has carefully considered the rival submissions and also
perused the materials placed before it.
8. It is relevant to extract paragraph No.45 of the above cited Full Bench
judgment reported in 2019 [6] CTC 705 [The State of Tamil Nadu
rep.by its Secretary to Government, Public Works Department,
Secretariat, Chennai-9 and Others V. R.Kaliyamoorthy]:-
''45.In the light of the above, we answer the reference
as follows:-
i. Those, who are freshly appointed on or after
1.4.2003 are not entitled to Pension in view of
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WA.No.1607/2019
Proviso to Rule 2 of Tamil Nadu Pension Rules
1978 inserted by G.O.Ms.259, dated 6.8.2003.
ii. Those Government servants/Employees
appointed prior to 1.4.2003 whether on
temporary or permanent basis in terms of Rule
10[a][1] 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
Honararium or Daily Wage basis and if such
services were regularised before 1.4.2003, half
of such service rendered shall be counted fro 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
the Tamil Nadu State and Subordinate Service
Rules before 1.4.2003 and absorbed into Regular
service after 1.4.2003 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
1.4.2003 but were absorbed in Regular service
after 1.4.2003 will be entitled to count half of
their past service for the purpose of
determination of qualifying service for Pension.''
9. A perusal of the materials would disclose that the writ petitioner
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WA.No.1607/2019
joined the services of the 4th respondent in the year 1989 as Animal
Husbandry Assistant on part time basis and he was brought into the
Time Scale of Pay on 14.08.2012 his service came to be regularised
in the year2012. Since the service regularisation of the writ petitioner
came into being after the cut-off date on 01.04.2003, in the
considered opinion of the Court, the judgment rendered by the Full
Bench of this Court have full application to the case on hand.
10. In the result, the writ appeal stands allowed setting aside the order
dated 12.04.2018 made in WP.No.8858/2018 and consequently, the
writ petition stands dismissed. No costs. Consequently, the
connected miscellaneous petition is closed.
[MSNJ] [PRMJ]
26.04.2021
AP
Internet: Yes
https://www.mhc.tn.gov.in/judis/
WA.No.1607/2019
To
1.The Government of Tamil Nadu
rep.by its Principal Secretary
Animal Husbandry and Fisheries
Department, Secretariat,
Chennai-9.
2.The Director of Animal Husbandry and
Veterinary Services, DMS Department
Chennai 600 006.
3.The Regional Joint Director,
Animal Husbandry Department
Thiruvllur District, Thiruvallur.
4.The Assistant Director,
Animal Husbandry Department
Thiruthani, Thiruvallur District.
5.The Accountant General of Tamil Nadu
Office of the Accountant General
Anna Salai, Teynampet
Chennai – 18.
https://www.mhc.tn.gov.in/judis/
WA.No.1607/2019
M.SATHYANARAYANAN, J.,
AND
P.RAJAMANICKAM, J.,
AP
WA.No.1607/2019
26.04.2021
https://www.mhc.tn.gov.in/judis/
