Madras High Court
Muthupettai vs S.Sambandam on 29 April, 2021
W.A.No.991 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:29.04.2021
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM
W.A.No.991 of 2021
and C.M.P.No.6171 of 2021
1.The State of Tamil Nadu
rep.by its Secretary to Government,
Rural Development Department,
Fort.St.George,
Chennai 09.
2.The Director of Rural Development and
Panchayat Raj Department,
Panagal Buildings,
No.1, Jeenis Road,
Saidapet, Chennai 600 015.
3.The District Collector,
Collectorate, Thiruvarur District,
Thiruvarur.
4.The Assistant Director,
Local Fund Audit,
Thiruvarur.
5.The Block Development Officer,
Muthupettai Panchayat Union,
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W.A.No.991 of 2021
Muthupettai, Thiruthuraipoondi Tk,
Thiruvarur District.
6.The Executive Officer,
Pamani Panchayat, Pamani,
Thiruthuraipoondi Taluk,
Thiruvarur District. ....Appellants
Vs
1.S.Sambandam
2.The Principal Accountant General (A&E),
Office of the Accountant General,
361 Anna Salai, Chennai 18. ..Respondents
Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent
against the order passed in W.P.No.31386/2018 dated 28.11.2018 passed
by this Court.
For Appellants : Ms.A.Srijayanthi
Special Government Pleader
For Respondent : Mr.R.Krishnaswamy
JUDGMENT
[Order of the Court was made by M.SATHYANARAYANAN, J.]
The official respondents 1, 2, 4 to 7 in W.P.No.31386 of 2018, are
the appellants. The 1st respondent / writ petitioner filed the said Writ
Petition, praying for issuance of Writ of Mandamus, directing the official
respondents to count half of earlier service of the petitioner as Temporary
W.A.No.991 of 2021
Panchayat Clerk / Assistant from 01.01.1975 to 13.01.1995 in the
services of the 7th respondent Panchayat, as part of his pensionable
services as per Rule 11(2) of the Tamil Nadu Pension Rules as well as
G.O.Ms.No.39, Rural Development (E5) Department, dated 13.06.2011
along with permanent services from 14.01.1995 to 31.03.2008 and to
settle his consequential attendant benefits.
2. The Writ Petition came to be allowed vide impugned order dated
28.11.2018, and making a challenge to the same, the present Appeal is
filed.
3. The learned Special Government Pleader appearing for the
appellants would submit that since the 1st respondent / writ petitioner
rendered his services as Panchayat Clerk and also comes under the non
provisionalized service, he is not entitled to the eligibility pension as
mentioned in G.O.Ms.No.39, Rural Development and Panchayat Raj
Department, dated 13.06.2011 and prays for interference.
W.A.No.991 of 2021
4. Per contra, learned counsel appearing for the 1st respondent
would submit that the Full Bench in the decision reported in 2019 (6)
CTC 705 (Government of Tamil Nadu rep.by its Secretary to
Government, Public Works Department, Chennai 600 009 Vs.
R.Kaliyamoorthy), has considered the said issue and laid down the
preposition and in the light of the ratio laid down in paragraph no.45 of
the said judgment, coupled with the fact that the services of the petitioner
came to be regularised as a Junior Assistant with effect from 14.01.1995
and that apart, the 4th respondent in the Writ Petition namely, the
Collector, Thiruvarur District, also made a positive recommendation, the
Writ Appeal lacks merits and prays for dismissal of the same.
5. This Court has considered the arguments advanced and also
perused the materials placed before it.
6. It is relevant to extract paragraph no.45 of the above cited
judgment:
''45.In the light of the above, we answer the
reference as follows:-
W.A.No.991 of 2021
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 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
W.A.No.991 of 2021
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.''
7. In the light of the fact that the service of the respondent / writ
petitioner came to be regularised prior to the cut off date dated
01.04.2003 and in the light of the ratio laid down in the above cited Full
Bench decision, this Court is of the considered view that the Writ Petition
lacks merits and deserves dismissal.
8. In the result, the Writ Appeal is dismissed, confirming the order
dated 28.11.2018, made in W.P.NO.31386 of 2018 and as a consequence,
the appellants / official respondents are directed to comply with the order
W.A.No.991 of 2021
dated 28.11.2018 passed in the Writ Petition, as confirmed in this
judgment, within a period of twelve weeks from the date of receipt of a
copy of this order / uploading of the order in the Website and
communicate the decision taken to the respondent / writ petitioner. No
costs. Consequently connected miscellaneous petition is closed.
[M.S.N., J.,] [P.R.M., J]
29.04.2021
Index : No
Internet :Yes
sk
To
The Principal Accountant General (A&E),
Office of the Accountant General,
361 Anna Salai, Chennai 18.
W.A.No.991 of 2021
M.SATHYANARAYANAN, J.,
and
P.RAJAMANICKAM, J.,
sk
W.A.No.991 of 2021
29.04.2021
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