Madras High Court
The State Of Tamil Nadu Rep.By vs M.S.Sahdhuna Bee on 30 April, 2021
WA.Nos.1002 & 1131/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 30.04.2021
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM
WA.Nos.1002 & 1131/2021 & CMP.Nos.6227 & 7107/2021
1.The State of Tamil Nadu rep.by
its Secretary to Government
School Education Department
Secretariat, Chennai-9.
2.The Director of Government Examinations
Directorate of Government Examinations,
College Road, Chennai 600 006.
3.The Secretary to the Director of Government Examinations
Directorate of Government Examinations,
College Road, Chennai 600 006. .. Appellants 1 to 3
in both appeals
4.The Regional Deputy Director of
Government Examinations,
Directorate of Government Examinations
College Road, Chennai-6. .. 4th Appellant in
WA.No.1131/2021
Versus
1
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WA.Nos.1002 & 1131/2021
1.M.S.Sahdhuna Bee .. Respondent in
WA.No.1002/2021
K.Saraswathi .. Respondent
in WA.No.1131/2021
Prayer in WA.No.1002/2021:- Writ Appeal filed under Clause 15 of the
Letters Patent against the order dated 12.04.2018 in WP.No.8848/2018.
Prayer in WA.No.1131/2021:- Writ Appeal filed under Clause 15 of the
Letters Patent against the order dated 12.04.2018 in WP.No.8408/2018.
For Appellants : Mr.C.Munusamy
in both Appeals Special Government Pleader [Edn]
For Respondents in
both Appeals : Mr.G.Elanchezhiyan
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 as the issue to be decided is
one and the same.
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WA.Nos.1002 & 1131/2021
WA.No.1002/2021:-
2. The official respondents in the writ petition are the appellants herein.
The respondent/writ petitioner has filed WP.No.8848/2021 praying
for issuance of a writ of mandamus by directing the official
respondents to count 50% of service rendered by her from 02.01.1985
to 31.05.2005 along with regular service from 01.06.2005 for the
purpose of granting pension and all attendant benefits.
3. 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 including the decision reported in 2014 [2] CTC 777
[Union of India V. K.Punniyakotti], had disposed of the said writ
petition with a positive direction vide impugned order dated
12.04.2018 and aggrieved by the same, the present writ appeal is
preferred.
WA.No.1131/2021:-
4. The official respondents in the writ petition are the appellants herein.
The respondent/writ petitioner has filed WP.No.8408/2021 praying
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WA.Nos.1002 & 1131/2021
for issuance of a writ of ceritorarified mandamus to call for the
records and quash the proceedings dated 07.03.2018 passed by the 3rd
appellant/3rd respondent with a consequential direction to count half
of service rendered by the writ petitioner from 06.08.1987 to
19.10.2006 along with regular service from 20.10.2006 for the
purpose of granting pension with all attendant benefits.
5. 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 including the decision reported in 2014 [2] CTC 777
[Union of India V. K.Punniyakotti], had disposed of the said writ
petition with a positive direction vide impugned order dated
10.04.2018 and aggrieved by the same, the present writ appeal is
preferred.
6. Mr.C.Munusamy, learned Special Government Pleader [edn]
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
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WA.Nos.1002 & 1131/2021
to Government, Public Works Department, Secretariat, Chennai-
600 009 and others Vs. R.Kaliyamoorthy] , the impugned order
warrants interference.
7. Per contra, Mr.G.Elanchezhiyan, learned counsel appearing for the
respective 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 these writ appeals.
8. This Court has carefully considered the rival submissions and also
perused the materials placed before it.
9. 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
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WA.Nos.1002 & 1131/2021
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 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
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WA.Nos.1002 & 1131/2021
determination of qualifying service for
Pension.''
10. A perusal of the materials would disclose that the writ petitioners
joined the services in the year 1985 and 1987 respectively on daily
wage basis and he was brought into the Time Scale of Pay on
01.06.2005 and 19.10.2006 respectively and their services came to
be regularised on 01.06.2005 and 19.10.2006 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.
11. In the result, the writ appeal stand allowed setting aside the orders
dated 12.04.2018 and 10.04.2018 made in WP.No.8848/2018 and
8408/2018 respectively and consequently, the writ petitions stand
dismissed. No costs. Consequently, the connected miscellaneous
petitions are closed.
[MSNJ] [PRMJ]
30.04.2021
AP
Internet: Yes
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WA.Nos.1002 & 1131/2021
To
1.The Secretary to Government
State of Tamil Nadu
School Education Department
Secretariat, Chennai-9.
2.The Director of Government Examinations
Directorate of Government Examinations,
College Road, Chennai 600 006.
3.The Secretary to the Director of Government Examinations
Directorate of Government Examinations,
College Road, Chennai 600 006.
4.The Regional Deputy Director of
Government Examinations,
Directorate of Government Examinations
College Road, Chennai-6.
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WA.Nos.1002 & 1131/2021
M.SATHYANARAYANAN, J.,
AND
P.RAJAMANICKAM, J.,
AP
WA.Nos.1002 & 1131/2021
30.04.2021
http://www.judis.nic.in
