G. Indira vs The Principal Secretary
2021 Latest Caselaw 22630 Mad

Citation : 2021 Latest Caselaw 22630 Mad
Judgement Date : 18 November, 2021

Madras High Court

G. Indira vs The Principal Secretary on 18 November, 2021

W.P(MD) No.12348 of 2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 18.11.2021

CORAM:

THE HONOURABLE MRS.JUSTICE S. SRIMATHY

W.P(MD) No.12348 of 2014 and
M.P(MD).Nos.1 and 2 of 2014 and 2015

G. Indira :Petitioner

..vs..

1.The principal Secretary,
Social Welfare and Nutritious Meal Programme Department,
Fort. St. George,
Chennai -9.

2.The Principal Secretary,
School Education Department,
Fort St. Geroge,
Chennai -9.

3.The Principal Secretary,
Finance Department,
Fort St. Geroge,
Chennai -9.

4.The Director,
Social Welfare Department,
Chinthathiripet,
Egmore, Chennai -2.

5. The Director,
School Education Department,
DPI Campus,
College Road, Nungampakkam,
Chennai -6. : Respondents

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W.P(MD) No.12348 of 2014

PRAYER: Writ Petition filed under Article 226 of the Constitution of to
issue a Writ of Certiorarified Mandamus to call for the records pertaining
to the G.O.Ms.No.34, dated 14.03.2013 of the Social Welfare and
Nutritious Meal Programme Department and quash the amendment made
in G.O.Ms.No.6, dated 06.01.2010 of the Social Welfare and Nutritious
Meal Programme Department.

For Petitioner : No appearance

For respondents : Mr. R. Ragavendran
Government Advocate (Civil side)

ORDER

This Writ Petition has been filed to quash the impugned order

passed in G.O. Ms. No. 34 dated 14.03.2013 and G.O.Ms.No.6, dated

06.01.2010, which grants pension benefits to persons who were absorbed

before 01.04.2003 and declines to persons who were absorbed after

01.04.2003.

2. The petitioner was appointed as a Noon Meal Organizer at

Melpuram Panchayat Union School in Kanyakumari District on

05.06.1980. Then the petitioner was brought under the Time Scale of Pay

vide G.O. Ms. No. 2 Social Welfare and Nutritious Meal Programme

Department dated 03.01.1996 with effect from 01.01.1996. The petitioner

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W.P(MD) No.12348 of 2014

is claiming to extend the benefits of G.O.Ms.No.34, dated 14.03.2013 as

amended vide G.O.Ms.No.6, dated 06.01.2010 and request to include the

50% of the past service rendered in consolidated pay and grant pension. It

is the case of the petitioner that the said two G.O.s 34 and 6 have granted

pension benefits to persons who were regularized prior to 01.04.2003, but

denied the same benefits to persons who were regularized after

01.04.2003. Hence, the petitioner has approached this Court with the

above prayer.

3. None appeared for the petitioner. Heard the learned

Government Advocate (Civil Side) appearing for the respondents.

4. The government has issued G.O. Ms. No. 408 dated

25.08.2009, wherein it is stated that the persons who were regularized

prior to 01.04.2003 are entitled to include 50% of past service to get

pension benefits, but denied the same benefits to persons who were

regularized after 01.04.2003. The grant of pension to persons who were

regularized prior to 01.04.2003 is a policy decision of the government and

the same cannot be interfered with. The same policy decision is

incorporated in G.O. Ms. No. 34 dated 14.03.2013 and G.O. Ms. No. 6

dated 06.01.2010 and hence the policy decision in the said G.O.s 34 and 6

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W.P(MD) No.12348 of 2014

cannot be interfered with.

5. The issue was considered by this Court in a similarly placed

person in W.P. (MD). No.13775 / 2014 vide order, dated 20.09.2021 and

following the Full Bench Judgment of this Court has passed an order,

wherein the claim of the employee is negatived. The Hon’ble Full Bench

has passed an order in W.A.No.158 of 2016 and batch and the relevant

portion is culled out hereunder:

“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 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-provincialized service, or on consolidated pay or on honorarium or daily wage basis and if such services were regularized 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 cutoff date and later appointed under Rule 10(a)(1) 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 https://www.mhc.tn.gov.in/judis

W.P(MD) No.12348 of 2014

entitled to count half of their past service for the purpose of determination of qualifying service for pension.”

6. The G.O. Ms. No. 408 was up held by the Hon’ble Full

Bench in W.A. Nos.158 of 2016. Since the G.O. Ms. No. 34 and G.O. Ms.

No. 6 is in consonance with the said G.O. Ms. No. 408, therefore this

Court up holds the G.O. Ms. No. 34 and G.O. Ms. No. 6.

7. In the present case the petitioner was appointed on

05.06.1980, then the petitioner was brought under time scale of pay on

01.01.1996. Since the petitioner was brought under time scale of pay, the

petitioner is stating that she is entitled to the benefits. But the petitioner

was regularized on 30.09.2008 in the post of Rural Welfare Officer. As per

the Judgment of the Hon'ble Full Bench of this Court, the persons who