Madras High Court
The Commissioner vs A.Nazar .. 1St on 26 April, 2021
WA.Nos.504 & 507/2019
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.Nos.504 & 507/2019
& CMP.No.4386 & 4418/2019
The Commissioner
Corporation of Chennai
Ripon Buildings
Chennai 600 002. .. Appellant / 4th
respondent in both Writ
Appeals
Versus
1.A.Nazar .. 1st Respondent/Writ
Petitioner in WA.No.504/2019
2.G.Pugalendhi .. 1st Respondent /
Writ Petitioner in WA.No.507/2019
3.The Principal Secretary to Government
Municipal Administration & Water Supply
Department, Fort St George
Chennai 600 009.
https://www.mhc.tn.gov.in/judis/
WA.Nos.504 & 507/2019
4.The Director of Municipal Administration
Chepauk, Chennai-600 005.
5.The Director of Local Fund Audit
Integrated Complex for Finance Department
Animal Husbandry Hospital Campus, Nandanam
Chennai 600 035. .. Respondents /
Respondents in Writ Petitions
Common Prayer:- Writ Appeals filed under Clause 15 of the Letters Patent
against the order dated 12.09.2017 made in WP.Nos.24452 & 24449/2017.
For Appellant in WAs : Mrs.Karthika Ashok
Standing counsel
For R1 in WA.Nos.
504 & 507/2019 : Mr.Prem Narayan
For RR2 to 4 : Mrs.A.Srijayanthi
Special Government Pleader
COMMON JUDGMENT
[Judgment of the Court was delivered by M.SATHYANARAYANAN, J.,
through Video Conferencing]
1. By consent, the writ appeals are taken up for final disposal and are
disposed of by this common judgment.
2. The 4th respondent in the writ petitions is the appellant herein.
3. The respective 1st respondent in the writ appeals/writ petitioners
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WA.Nos.504 & 507/2019
prayed for issuance of writs of mandamus directing the official
respondents to allot GPF [General Provident Fund Account] number
for grant of pension to them under the Tamil Nadu Pension Rules,
1978 [Old Pension Scheme] by counting 50% of the services rendered
by them on daily wage basis along with their regular service
respectively.
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 common order dated 12.09.2017 and
aggrieved by the same, the present writ appeals are preferred.
5. Mrs.Karthika Ashok, learned Standing counsel appearing for the
appellant 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 Government,
Public Works Department, Secretariat, Chennai-600 009 and
others Vs. R.Kaliyamoorthy] , the impugned common order warrants
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WA.Nos.504 & 507/2019
interference.
6. Per contra, Mr.Prem Narayan, learned counsel for the respective 1st
respondent/writ petitioners 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
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
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WA.Nos.504 & 507/2019
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 in
WP.No.24452/2019 joined the service of the appellant/Corporation in
the year 1992 as a Cleaner and the writ petitioner in
WP/No.24449/2019 joined the service of the appellant/Corporation as
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WA.Nos.504 & 507/2019
Tax Collector in the year 1994 on daily wage basis and their
respective services came to be regularised in the years 2007 and 2006
respectively. Since the service regularisation of the writ petitioners
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 appeals stand allowed setting aside the order
dated 12.09.2017 made in WP.Nos.24452 & 24449/2017, and
consequently, the writ petitions stand dismissed. No costs.
Consequently, the connected miscellaneous petitions are closed.
[MSNJ] [PRMJ]
26.04.2021
AP
Internet: Yes
https://www.mhc.tn.gov.in/judis/
WA.Nos.504 & 507/2019
To
1.The Commissioner
Corporation of Chennai
Ripon Buildings, Chennai 600 002.
2.The Principal Secretary to Government
Municipal Administration & Water Supply
Department, Fort St George, Chennai 600 009.
3.The Director of Municipal Administration
Chepauk, Chennai-600 005.
4.The Director of Local Fund Audit
Integrated Complex for Finance Department
Animal Husbandry Hospital Campus, Nandanam
Chennai 600 035.
https://www.mhc.tn.gov.in/judis/
WA.Nos.504 & 507/2019
M.SATHYANARAYANAN, J.,
AND
P.RAJAMANICKAM, J.,
AP
WA.Nos.504 & 507/2019
26.04.2021
https://www.mhc.tn.gov.in/judis/
