Madras High Court
S.Sadasivam vs The Principal Secretary/State ... on 4 April, 2022
W.P.(MD) No.5571 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.5571 of 2021
S.Sadasivam ... Petitioner
-vs-
The Principal Secretary/State Tax Commissioner,
Commercial Tax Department,
Ezhilagam, Chepauk, Chennai - 5. ... Respondent
Prayer:- Petition filed under Article 226 of the Constitution of India praying
for issuance of Writ of Mandamus directing respondent to include the
petitioner name into old pension scheme and sanction monthly pension after
attaining superannuation by dispose petitioner's representation dated
29.01.2021 within time limit stipulated by this Court
For Petitioner : Mr.D.Selvanayagam
For Respondent : Mr.M.Ramesh
Government Advocate
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W.P.(MD) No.5571 of 2021
ORDER
The relief sought for in the present writ petition is to direct the
respondents to include the petitioner's name in the old pension scheme and
sanction monthly pension under the Tamil Nadu Pension Rules. The
petitioner was appointed in the post of Clerk in Chinthalavadi Handloom
Weavers Cooperative Society, Kulithalai Taluk, Trichy District on
13.07.1987 and he was promoted to the post of Manager and thereafter, the
society was dissolved due to financial loss. The petitioner was relieved
from service on 26.05.2004, after completion of 16 years of service. The
employment seniority of the petitioner was restored by the District
Employment Exchange, as he was relieved from the Cooperative Society.
Thereafter, he was appointed to the post of Typist by the District Collector,
Karur under Rule 10A(1) of the State and Subordinate Service Rules. The
petitioner appeared in the special recruitment test conducted by the Tamil
Nadu Public Service Commission and was successful. Thus, his services
were regularised in the post of Typist and thereafter, he was promoted to the
post of Deputy Tax Officer with effect from 17.10.2017.
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W.P.(MD) No.5571 of 2021
2. The grievance of the petitioner is that the services rendered by
him in the Cooperative Society are to be taken into consideration for the
purpose of calculating the qualifying service for grant of pension.
3. The learned counsel for the petitioner made a submission that
since Cooperative Society is also a registered society, the period of service
rendered by the petitioner is to be reckoned for the purpose of calculating
the qualifying services for settling the retirement benefits. In this regard,
the learned counsel relied on the judgment of the Hon'ble Supreme Court in
Prem Singh vs. State of Uttar Pradesh reported in (2019) 10 SCC 516.
para 36 and 37
4. As far as the case cited supra is concerned, the project is a
Government project and the petitioner before the Hon'ble Supreme Court
was employed in work-charged service. However, the said judgment cannot
have any direct implication, as counting of the services in Tamil Nadu
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W.P.(MD) No.5571 of 2021
Government Service is to be done with reference to the Tamil Nadu Pension
Rules.
5. The application of the Tamil Nadu Pension Rules, 1978 has
been enumerated in Rule 2. Rule 2 categorically states that “save as
otherwise provided in these rules, these rules shall apply to all Government
Servants appointed to services and posts in connection with the affairs of
the State which are borne on pensionable establishments whether temporary
or permanent, but shall not apply to – (a) persons in casual and daily rated
employment; (b) persons paid from contingencies; (c) persons employed on
contract except when the contract provides otherwise; (d) members of the
All-India Services; (e) persons entitled to the benefit of a Contributory
Provident Fund; and (f) persons who are entitled to the benefits under the
Factories Act, 1948 and the Employees' Provident Fund Act, 1952,
excluding those who are governed by Statutory Service Rules and belong to
pensionable service.
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W.P.(MD) No.5571 of 2021
6. Rule 2 of the Tamil Nadu Pension Rules categorically
enumerates that private services rendered in any organisation, which is not a
State cannot be counted for grant of pensionary benefits under the Tamil
Nadu Pension Rules.
7. Cooperative Society is registered under the provisions of the
Tamil Nadu Cooperative Societies Act. The petitioner was appointed in a
Cooperative Society, which is not a 'State' within the meaning of Article 12
of the Constitution of India. When the Cooperative Society is not a State
within the meaning of Article 12 of the Constitution, then the Tamil Pension
Rules, 1978 is not applicable in respect of services rendered in a registered
Cooperative Society, which is not a State.
8. This Court is of the considered opinion that the private services
rendered in a registered society which is not a State cannot be reckoned for
the purpose of counting qualifying service to grant pensionary benefits.
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W.P.(MD) No.5571 of 2021
9. In the present case, the petitioner admittedly was employed in a
Cooperative Society registered under the Tamil Nadu Cooperative Societies
Act, which is not a State within the meaning of Article 12 of the
Constitution of India. Therefore, his services in the Cooperative Society
cannot be counted for the purpose of calculating the qualifying service.
Thus, the petitioner has not established any acceptable ground for the
purpose of granting the relief as such sought for in the present writ petition
and the writ petition is liable to be dismissed.
10. Accordingly, this Writ Petition stands dismissed. However,
there shall be no order as to costs.
04.04.2022
Internet:Yes/No
Index:Yes/No
abr
To
The Principal Secretary/State Tax Commissioner,
Commercial Tax Department,
Ezhilagam, Chepauk, Chennai - 5.
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W.P.(MD) No.5571 of 2021
S.M.SUBRAMANIAM, J.
abr
W.P.(MD) No.5571 of 2021
04.04.2022
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