Madras High Court
The Government Of Tamil Nadu vs A.Packiam ... 1St on 18 January, 2021
W.A(MD)No.1491 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)No.1491 of 2014
and
M.P(MD)No.1 of 2014
1.The Government of Tamil Nadu,
Rep. by Principal Secretary to Government,
Finance (Pension) Department,
Fort St. George,
Chennai.
2.The Principal Chief Conservator of Forests,
Panagal Building,
Genis Road, Saidapet,
Chennai – 15.
3.The District Forest Officer,
Race Course Road,
Madurai. ... Appellants / Respondents 1, 2 & 4
Vs.
1.A.Packiam ... 1st Respondent / Writ Petitioner
2.The Principal Accountant General,
O/o.The Principal Accountant General of Tamil Nadu,
Teyanampet,
Chennai – 18. ... 2nd Respondent / 3rd Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 09.09.2014 made in W.P(MD)No.5911 of 2014
on the file of this Court.
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W.A(MD)No.1491 of 2014
For Appellants : Mr.K.P.Narayana Kumar
Special Government Pleader
For R – 1 : No appearance
For R – 2 : Mr.P.Gunasekaran
JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
The Writ Appeal is preferred by the Government challenging the
order passed in W.P(MD)No.5911 of 2014, dated 09.09.2014.
2.The first respondent, who was the petitioner in the Writ
Petition, was appointed as a Social Forest Worker in the Forest
Department on 01.09.1980 and his appointment was on daily wage
basis. On 07.08.2009, he was regularised as a plot watcher and he
retired on 04.07.2011. The first respondent / writ petitioner sought for
a direction to the appellants and second respondent / respondents to
count half of his service, ie., from 01.09.1980 to 06.08.2009, the
period for which he was a temporary worker along with his regular
service as plot watcher from 07.08.2009 till his retirement as
qualifying service for fixing pension and passing of consequential
monetary benefits.
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W.A(MD)No.1491 of 2014
3.The said Writ Petition was disposed of with a direction to the
third appellant / fourth respondent to make a proposal counting the
service of the first respondent / writ petitioner as Social Forest Worker
from 01.09.1980 to 06.08.2009 along with his regular service and
send the same to the second respondent / third respondent for paying
pension. Challenging the same, the present Writ Appeal is preferred.
4.Be that as it may, pending the Writ Petition there was a Full
Bench reference in W.A.Nos.158 of 2016 and batch of cases,
dated 03.12.2019 [The Government of Tamil Nadu, Rep. by
Secretary to Government, Public Works Department,
Secretariat, Chennai Vs. R.Kaliyamoorthy], in which the above
question was answered. The Hon'ble Full Bench of this Court has
passed the following order, which reads as follows:-
“46.In the light of the above, we answer the
reference as follows:-
(i) Those who are freshly appointed on or after
01.04.2003 are not entitled to pension in view of proviso
to Rule 2 of the 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
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W.A(MD)No.1491 of 2014
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 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 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 qualifying
service for pension.”
5.Clause (iv) of the above paragraph specifically stated that the
Government servants, who are appointed after the cut-off date of
01.04.2003, will not be entitled to count half of their past service for
the purpose of determination of qualifying service for pension.
Admittedly, the first respondent / writ petitioner was regularised only
on 07.08.2009. Hence, he will not be entitled to the above benefits.
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W.A(MD)No.1491 of 2014
6.The learned counsel appearing for the second respondent /
third respondent also conceded to the fact that the decision of the
Hon'ble Full Bench is applicable to the facts of the case.
7.In view of the decision of the Hon'ble Full Bench (cited supra),
the Writ Appeal stands allowed and the order of the learned Single
Judge is set aside. No costs. consequently, connected Miscellaneous
Petition is closed.
[P.S.N.,J] [S.K.,J.]
18.01.2021
Index :Yes/No
Internet :Yes/No
ps
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the advocate
/ litigant concerned.
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W.A(MD)No.1491 of 2014
PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
ps
To
1.The Government of Tamil Nadu,
Rep. by Principal Secretary to Government,
Finance (Pension) Department,
Fort St. George,
Chennai.
2.The Principal Chief Conservator of Forests,
Panagal Building,
Genis Road, Saidapet,
Chennai – 15.
3.The District Forest Officer,
Race Course Road,
Madurai.
W.A(MD)No.1491 of 2014
18.01.2021
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