Madras High Court
M.Elavarasan vs The Principal Accountant General on 9 March, 2021
W.P.No.633 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.No.633 of 2016
And
W.M.P.No.452 of 2016
M.Elavarasan ... Petitioner
Vs.
1.The Principal Accountant General,
(Accounts & Entitlements), Tamil Nadu,
361, Anna Salai,
Chennai – 600 018.
2.The Director of Rural Development and
Panchayat Raj, Panagal Buildings,
Saidapet,
Chennai – 600 015.
3.The Block Development Officer,
Madurantakam Block,
Madurantakam,
Kancheepuram District. ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents to apply the old
pension scheme (Tamil Nadu Liberalised Pension Rules, 1960) to the
petitioner and grant him pension and other retirement benefits as per
the said rules and refund the amounts deducted from his monthly
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W.P.No.633 of 2016
salary towards subscriptions to the Contributory Pension Scheme in
CPS No.7012927/GA with interest.
For Petitioner : Mr.P.Rajendran
For Respondents : Mr.V.Murali for R1
Mr.J.Ramesh for R2
Additional Government Pleader
Mr.Dig Vijay Pandian for R3
ORDER
The petitioner has filed this writ petition seeking direction to the
respondents to apply the old pension scheme (Tamil Nadu Liberalised
Pension Rules, 1960) and grant him pension and other retirement
benefits and to refund the amounts deducted from his monthly salary
towards subscriptions to the Contributory Pension Scheme in CPS
No.7012927/GA with interest.
2.When the matter was taken up for consideration, the learned
counsels appearing on either side jointly submitted that the issue
involved in this writ petition is squarely covered by the Hon'ble Full
Bench Judgment of this Court dated 03.12.2019 passed in
W.A.Nos.158 of 2016 etc., batch of cases.
3.In view of the above, this Court is of the opinion that it is
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W.P.No.633 of 2016
useful to extract hereunder the operative portion of the Judgment
dated 03.12.2019 passed in W.A.Nos.158 of 2016 etc., batch of cases:
“45. 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 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
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W.P.No.633 of 2016
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 qualifying
service for pension."
4.Hence, the respondents are directed to pass appropriate
orders, in line with the Hon'ble Full Bench Judgment of this Court dated
03.12.2019 passed in W.A.Nos.158 of 2016 etc., batch of cases, as
expeditiously as possible. Accordingly, this writ petition stands
disposed of. No costs. Consequently, the connected miscellaneous
petition is closed.
09.03.2021
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
https://www.mhc.tn.gov.in/judis/
W.P.No.633 of 2016
To
1.The Principal Accountant General,
(Accounts & Entitlements), Tamil Nadu,
361, Anna Salai,
Chennai – 600 018.
2.The Director of Rural Development and
Panchayat Raj, Panagal Buildings,
Saidapet,
Chennai – 600 015.
3.The Block Development Officer,
Madurantakam Block,
Madurantakam,
Kancheepuram District.
https://www.mhc.tn.gov.in/judis/
W.P.No.633 of 2016
R.MAHADEVAN,J.
pri
W.P.No.633 of 2016
And
W.M.P.No.452 of 2016
09.03.2021
https://www.mhc.tn.gov.in/judis/
