Madras High Court
T.Kannika Parameswari vs The Secretary To Government on 27 August, 2021
W.A. No.1964 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.1964 of 2021
T.Kannika Parameswari
...Appellant
Vs.
1.The Secretary to Government
Home Department
Secretariat, Fort St. George
Chennai - 600 009
2.The Additional Director General of Police
& Inspector General of Prison
Chennai - 600 008 ...Respondents
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 17.02.2020 in W.P.No.3310 of 2015.
****
For Appellants : Mr.V.Kannan
For Respondent : Mr.C.Jayaprakash
Govt. Advocate
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W.A. No.1964 of 2021
JUDGMENT
PUSHPA SATHYANARAYANA, J.
The unsuccessful petitioner before the writ court, is the
appellant herein, questioning the order of the writ court dated
17.02.2020 in W.P.No.3310 of 2015, by which the writ court declined
to grant terminal benefits to the appellant herein/writ petitioner
including pension from the date of her retirement on par with other
Female Escort Warders by taking into account 50% of the services
rendered by her as female escort warder from 20.09.1985 to
22.06.2006.
2. The appellant herein/petitioner was originally appointed as
Female Escort Warder temporarily on daily wage basis on 20.09.1995
and thereafter, the 2nd respondent, by letter dated 06.01.1998,
informed the petitioner that her request for regularization along with
others, was pending consideration with the 1st respondent. The
petitioner along with others filed Original Application No.672 of 2004
before the Tamil Nadu Administrative Tribunal. After abolition of the
said Tribunal, the Original Application No.672 of 2004 has been
transferred to this Court and re-numbered as W.P. No. 18354 of
2007. This Court, by order dated 19.08.2009 disposed of the said
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W.A. No.1964 of 2021
writ petition by directing the 1st respondent to consider the case of
the petitioner.
3. The petitioner's request was rejected and once again she
filed another writ petition in W.P. No. 25668 of 2009 and the same
was disposed of on 12.04.2010 directing the respondent to consider
the case of the petitioner, in the light of G.O. Ms. No.2617 dated
17.12.1988 in a time bound manner. Though the Government in
G.O. Ms.2617 Home (Prisons-II) Department dated 17.12.1988 has
passed appropriate orders, relaxing the Age and Educational
Qualifications, but rejected the request of the petitioner by way of
another order in G.O. Ms.No. 710 Home (Prisons-II) Department
dated 17.08.2005.
4. Aggrieved by the said government order in G.O. Ms. No.
710, dated 17.08.2005, the petitioner has filed another writ petition
in W.P. No.19355 of 2010, and this Court, by order dated 31.10.2011
has issued directions to the 1st respondent to pass appropriate
orders relaxing the Age and Educational Qualification and regularise
her prospectively. The said order was confirmed in W.A. No.2240 of
2012 dated 18.10.2012. In view of the said order of this Court, the
petitioner was appointed on regular basis by the 2nd respondent vide
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W.A. No.1964 of 2021
order dated 24.10.2013 and thereafter the petitioner retired from
service on 30.05.2014. After her retirement, the petitioner has made
representations to the respondents on 08.08.2014 and 12.09.2014 to
consider her service from the date of initial appointment for the
purpose of terminal benefits including pension on par with regular
employee in the light of the judgment of this Court. As there was no
response, the petitioner has knocked at the doors of this court by
way of a writ petition. The learned single Judge, dismissed the writ
petition by order dated 12.05.2017 and the same is questioned in
this intra-court appeal.
5. Heard both sides and perused the materials available on
record.
6. A perusal of records, reveals that the petitioner was
originally appointed as Female Escort Warder temporarily on daily
wage basis and she was terminated from service in the year 2006.
Again, as per the directions issued by this Court, she was
reappointed on regular basis vide order dated 24.10.2013 issued by
the 2nd respondent and she retired from service on 30.05.2004.
Now the relief sought for by the petitioner is to grant terminal
benefits including pension by regularising her service from the date
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W.A. No.1964 of 2021
of initial appointment as daily wages.
7. Subsequent to the directions issued by this court in W.P.
No.19355 of 2010 dated 31.10.2011, G.O. Ms. No. 790, Home
(Prison-2) Department, dated 04.10.2013, has been passed, to
regularise petitioner's service prospectively by relaxing certain
qualification, age and education of the petitioner. As per the said
G.O, the petitioner was issued appointment order, appointing her on
regular basis, prospectively. The petitioner, having failed to
challenge the order regularizing her prospectively, now cannot seek a
direction to the respondents herein to grant terminal benefits
including pension from the date of her retirement on par with other
Female Escort Warders by taking into account 50% of her erstwhile
service.
8. Moreover, in a reference before the Hon'ble Full Bench of
this court in Government of Tamil Nadu represented by
Secretary to Government, Public Works Department,
Secretariat, Chennai - 600 009 and others vs R.Kaliyamoorthy,
reported in 2019-2-L.W.-673, the Hon'ble Full Bench, has held as
follows:
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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W.A. No.1964 of 2021
01.04.2003 are not entitled to pension in view of
proviso to Rule 2 of Tamil Nadu Pension Rules, 1978
inserted by G.O.Ms.No.259 dated 06.08.2003;
(ii) Those government servants/employees
appointed prior to 01.04.2003 whether on temporary
or permanent basis in terms of Rule 10 (a) (i) 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 honorarium or
daily wage basis and if such services were regularised
before 01.04.2003, half of such service rendered shall
be counted for 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 Tamil Nadu State and Subordinate Service Rules
before 01.04.2003 and absorbed into regular service
after 01.04.2003 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
01.04.2003 but were absorbed in regular service
after 01.04.2003 will not be entitled to count half of
their past service for the purpose of determination of
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W.A. No.1964 of 2021
qualifying service for pension;
9. Hence, following the dictum laid down in the decision of the
Full Bench, the learned single Judge held that writ petitioner's service
cannot be counted for the purpose of determining the qualifying
service for pension and hence declined the relief sought for by the
petitioner and dismissed the writ petition by order dated 17.02.2020.
In view of the settled position, we do not find any defect in the order
of the learned single Judge and the same is sustained.
10. In the result, the Writ Appeal is dismissed. However, there
is no order as to costs.
[P.S.N., J.] [K.R., J.]
27.08.2021
Index : Yes/No
Internet : Yes/No
Asr
To
1.The Secretary to Government
Home Department
Secretariat, Fort St. George
Chennai - 600 009
2.The Additional Director General of Police
& Inspector General of Prison
Chennai - 600 008
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W.A. No.1964 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A.No.1964 of 2021
27.08.2021
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