Madras High Court
The Government Of Tamil Nadu vs M.Muniraj on 26 April, 2021
WA.No.1991 of 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.1991 of 2019
& CMP.No.13461/2019
1. The Government of Tamil Nadu,
Rep. by Principal Secretary to Government,
School Education Department,
Fort St. George, Chennai – 600 009.
2. The Director of Public Library,
Directorate of Public Library,
No.731, Anna Salai, Chennai – 600 002.
3. The District Library Officer,
Office of the District Library Office,
No.5, Weavers Colony, Dharmapuri – 1. .. Appellants
Versus
M.Muniraj .. Respondent
Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 07.09.2017 made in WP.No.10124/2016.
1
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WA.No.1991 of 2019
For Appellant : Mr.C.Munusamy
Special Government Pleader
For Respondent : Mr.R.Saseetharan
JUDGMENT
[Judgment of the Court was delivered by M.SATHYANARAYANAN, J.,
through Video Conferencing]
The official respondents in WP.No. 10124/2016 are the appellants
herein.
2. The respondent/writ petitioner joined as a Village Librarian in
Kadagathur Village, Dharmapuri District on 28.05.1998 on a consolidated
pay of Rs.1000/- per month. The petitioner claim that his qualification
while joining was Higher Secondary with a certificate in Library and
Information Science. He was working continuously in the said capacity and
thereafter, his services were regularized with effect from 28.10.2006 and his
services were confirmed in the post of Librarian Grade III in which post she
continuous to work till date.
3. The grievance expressed by the writ petitioner is that his period of
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WA.No.1991 of 2019
service rendered from 28.05.1998 to 27.10.2006 have not been taken into
consideration and out of 8 years service rendered on consolidated basis on
being regularized half of the service, viz., 4 years has to be taken into
account in terms of 11(2) of the Tamil Nadu Pension Rules. Therefore, he
has come forward with the writ petition.
4. Similar issue was considered by this Court in a batch of writ
petitions and the same has been disposed of by way of common order on
17.09.2017 wherein the learned Single Judge directed the respondents to
reconsider the case of the writ petitioners, in the light of the observations
made in the writ petition for the purpose of granting relief of counting the
50% of the services rendered on temporary basis and pass appropriate
orders after verifying the service records based on Rule 11 of the Tamil
Nadu Pension Rules, 1978 and communicate the decision taken to the writ
petitioners within the stipulated time.
5. The official respondents making a challenge to the said Order have
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WA.No.1991 of 2019
filed this writ appeal.
6. The learned Special Government Pleader appearing for the
appellants/official respondents would submit that this matter is covered by
the Full Bench of this Court 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],
and hence, prayed for allowing this writ petition.
7. Per contra, the writ petitioner would submit that the Single Judge
has rightly taken note of the rule position as well as the earlier decisions
rendered by this Court and rightly allowed the writ petition and it cannot be
interfered. Hence, prayed for dismissal of the writ appeal with costs.
8. This Court heard the rival submissions and also perused the
materials placed before it.
9. It is relevant to extract para 45 of the Full Bench judgment
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WA.No.1991 of 2019
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
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
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WA.No.1991 of 2019
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.
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.''
A perusal of the said judgment would disclose that the petitioner's
service came to be regularized with effect from 28.10.2006 and in the light
of the said judgment, for those who were absorbed in regular service after
01.04.2003 will not be entitled to count half for the purpose of
determination of the qualifying service. In the light of the same, the writ
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WA.No.1991 of 2019
appeal has to be allowed.
10. In the result, the writ appeal is allowed and the order dated
07.09.2017 made in WP.No.10124 of 2016 is set aside and consequently
writ petition in W.P.No.10124 of 2016 is dismissed. No costs.
Consequently, the connected miscellaneous petition is closed.
[MSNJ] [PRMJ]
26.04.2021
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Internet: Yes
To
1. The Government of Tamil Nadu,
Rep. by Principal Secretary to Government,
School Education Department,
Fort St. George, Chennai – 600 009.
https://www.mhc.tn.gov.in/judis/
WA.No.1991 of 2019
2. The Director of Public Library,
Directorate of Public Library,
No.731, Anna Salai, Chennai – 600 002.
3. The District Library Officer,
Office of the District Library Office,
No.5, Weavers Colony, Dharmapuri – 1.
https://www.mhc.tn.gov.in/judis/
WA.No.1991 of 2019
M.SATHYANARAYANAN, J.,
AND
P.RAJAMANICKAM, J.,
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WA.No.1991 of 2019
26.04.2021
https://www.mhc.tn.gov.in/judis/
