Madras High Court
M.Shanmugam vs The Principal Secretary To on 25 November, 2021
W.P(MD)No.5684 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.11.2021
CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI
W.P(MD) No.5684 of 2020
M.Shanmugam Petitioner
Vs.
1.The Principal Secretary to
Government of Tamil Nadu,
Rural Development and Panchayat Raj,
Secretariat,
Chennai – 600 009.
2.The Director,
Directorate of Rural Development,
and Panchayat Raj Department,
Panagal Building,
Saidapet,
Chennai – 600 015.
3.The Principal Accountant General,
(Accounts and Entitlement),
No.361, Annasalai,
Tenampettai,
Chennai – 600 018.
4.The District Collector,
Trichy.
5.The Block Development Officer (Block),
Lalgudi Panchayat Union,
Trichy. Respondents
1/8
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W.P(MD)No.5684 of 2020
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, direct the respondents to take into
account 50% of the service rendered by the petitioner as Panchayat
Assistant from 01.10.1986 to 01.07.2012, for pensionary benefits and
accordingly fix the pension to the petitioner.
For Petitioner :Mr.P.Ganapathi Subramaniyan
For R1,R2, R4 & R5 :Mr.A.Kannan
Special Government Pleader
For R3 :Mr.P.Gunasekaran
ORDER
This writ petition is filed to direct the respondents to take
into account 50% of the service rendered by the petitioner as Panchayat
Assistant from 01.10.1986 to 01.07.2012, for pensionary benefits
2.The case of the petitioner is that she was appointed as
Panchayat Clerk at Bhagampatti Village Panchayat, Andanallur
Panchayat Union, Trichy on 01.10.1986, by the Commissioner,
Andanallur Village Panchayat, on monthly salary of Rs.285/-
Subsequently, he was posted as Panchayat Assistant on 28.12.1990 on
consolidated pay of Rs.400. On 11.12.2012, time scale of pay was fixed.
Thereafter, he held the posts of Junior Assistant and Assistant. On
31.12.2018, he retired from service on attaining the age of
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W.P(MD)No.5684 of 2020
superannuation. According to the petitioner, as per G.O.No.39, Rural
Development and Panchayat Raj Department (E5), dated 13.06.2011 and
G.O.Ms.No.408 Finance (Pension) Department, dated 25.08.2009, 50%
of service rendered as Panchayat Clerk and Assistant is to be taken into
account for calculating the pension benefits and the same was upheld by
this Court in W.P.No.14770 of 2012.
3.The learned counsel appearing for the petitioner submits
that Government has passed various Government orders in G.O.No.228,
Rural Development and Panchayat Raj Department, dated 08.06.2016
and G.O.Ms.No.8, Rural Development and Panchayat Raj Department,
dated 29.07.2016, granting relief to the similarly placed persons by
taking into account 50% of their service as Panchayat clerk and
Panchayat Assistant, while granting pensionary benefits. As such, the
learned counsel for the petitioner requested to extend the same benefits
to the petitioner also. In this regard, the petitioner sent a representation
to the respondents on 22.06.2018. As there was no action on the part of
the respondents, the petitioner is before this Court, with the present Writ
Petition.
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W.P(MD)No.5684 of 2020
4.Mr.A.Kannan, learned Additional Government Pleader
appearing for the respondents 1,2,4 & 5 submits that the petitioner was
appointed as Panchayat Clerk on 01.10.1986 and his service was
regularized only on 02.07.2012 and therefore, this petitioner is not
entitled for calculating 50% of his service rendered by him from 1986 to
2006.
5.Further, the Additional Government Pleader claims that
the issue in this writ petition is now settled by the judgment of this Court
in W.A.No.158 of 2016 etc., batch, dated 03.12.2019, wherein, the
Honourable Division Bench has answered this issue as follows:-
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
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W.P(MD)No.5684 of 2020
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 regularized 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
Services 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
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W.P(MD)No.5684 of 2020
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.”
6. According to the learned Special Government Pleader,
this petitioner is not entitled for the relief as per paragraph 45 of the
orders passed by the Full Bench of this Court.
7.This Court accept the contention of the learned Special
Government Pleader that the issue involved is covered by the judgment
of Full Bench of this Court passed in W.A.No.158 of 2016 etc., Batch,
dated 03.12.2019.
8.In such view of the matter, this Writ Petition is dismissed.
No costs.
25.11.2021
Index : Yes/No
Internet : Yes/No
vrn
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W.P(MD)No.5684 of 2020
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.
To
1.The Principal Secretary to
Government of Tamil Nadu,
Rural Development and Panchayat Raj,
Secretariat,
Chennai – 600 009.
2.The Director,
Directorate of Rural Development,
and Panchayat Raj Department,
Panagal Building,
Saidapet,
Chennai – 600 015.
3.The Principal Accountant General,
(Accounts and Entitlement),
No.361, Annasalai,
Tenampettai,
Chennai – 600 018.
4.The District Collector,
Trichy.
5.The Block Development Officer (Block),
Lalgudi Panchayat Union,
Trichy.
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W.P(MD)No.5684 of 2020
B.PUGALENDHI, J
vrn
Order made in
W.P(MD) No.5684 of 2020
25.11.2021
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