Madras High Court
K.Elumalai vs The Secretary To Government on 9 March, 2021
W.P.No.34703 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.No.34703 of 2015
1.K.Elumalai
2.K.Nellathambi
3.N.Sekar ... Petitioners
Vs.
1.The Secretary to Government,
Municipal Administration and Water Supply Department,
Fort St.George,
Chennai – 9.
2.The Director of Town Panchayat,
Kuralagam,
Chennai – 108.
3.The Executive Officer,
Thirukazhukundram Town Panchayat,
Kancheepuram District. ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the second respondent to consider
and pass orders on the petitioner's representation dated 18.09.2015
regarding cancellation of membership in the newly introduced
Contribution Pension Scheme and to bring all the petitioners under Old
Pension Scheme and for the refund of subscription made by the
petitioners towards New Contributory Pension Scheme in the light of
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.34703 of 2015
the judgment of the Division Bench in W.P.No.2110 of 2014 dated
19.03.2014 reported in 2014 (2) C.T.C. Page 777 within a time limit to
be prescribed by the Hon'ble High Court.
For Petitioners : Mr.A.Baskaran
For Respondents : Mr.R.S.Selvam for R1 and R2
Government Advocate
Mr.M.Elumalai for R3
Additional Government Pleader
ORDER
The petitioners have filed this writ petition seeking direction to
the second respondent to pass orders on their representation dated
18.09.2015 regarding cancellation of membership in the newly
introduced Contribution Pension Scheme and to bring all of them under
Old Pension Scheme and for refund of the subscription made by the
petitioners towards New Contributory Pension Scheme.
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.
https://www.mhc.tn.gov.in/judis/
W.P.No.34703 of 2015
3.In view of the above, this Court is of the opinion that it is
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
https://www.mhc.tn.gov.in/judis/
W.P.No.34703 of 2015
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 qualifying
service for pension."
4.Hence, this Court directs the respondents to pass appropriate
orders on the petitioners representation dated 18.09.2015, 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.
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.34703 of 2015
To
1.The Secretary to Government,
Municipal Administration and Water Supply Department,
Fort St.George,
Chennai – 9.
2.The Director of Town Panchayat,
Kuralagam,
Chennai – 108.
3.The Executive Officer,
Thirukazhukundram Town Panchayat,
Kancheepuram District.
https://www.mhc.tn.gov.in/judis/
W.P.No.34703 of 2015
R.MAHADEVAN,J.
pri
W.P.No.34703 of 2015
09.03.2021
https://www.mhc.tn.gov.in/judis/
