Madras High Court
K.Thirupathi Aananthan vs The Secretary To Government on 18 April, 2022
W.P.(MD)Nos.15852 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:18.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)Nos.15852, 15854, 15856, 15857, 15859, 15862, 15864,
15865, 15867, 15869, 15871 and 15872 of 2019
W.P.(MD) No.15852/2019
K.Thirupathi Aananthan ... Petitioner
Vs.
1.The Secretary to Government
Rural Development and Panchayat Raj Department
Secretariat, Chennai.
2.The Commissioner of Rural Development and
Panchayat Raj
Panagal Building,
Saidapet, Chennai ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus to direct the first respondent,
ie., the Secretary to Government, Rural development and Panchayat Raj
Department, Chennai to consider the petitioner's represent dated
08.05.2019 regarding counting the petitioner's services for the period
from 26.11.1994 to 03.12.2006 for the purpose of calculation of pension
and pass appropriate orders in the light of orders passed in W.P.No.12656
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W.P.(MD)Nos.15852 of 2019
of 2013 dated 18.06.2014 and confirmed in common writ appeal (MD)
No.51 of 2018 dated 27.03.2018 reported in 2018 (1) CWC 689 quoting
the Hon'ble Supreme Court orders within a specified time frame that may
be fixed by this Court.
For Petitioners : Mr.S.Visvalingam
For Respondents : Mr.A.K.Manikkam
Special Government Pleader
COMMON ORDER
The relief sought for in the present writ petitions is to direct the
first respondent, ie., the Secretary to Government, Rural development
and Panchayat Raj Department, Chennai, to consider the petitioners'
representation dated 08.05.2019 regarding counting his services for the
period from 26.11.1994 to 03.12.2006 for the purpose of calculation of
pension and pass appropriate orders in the light of orders passed in
W.P.No.12656 of 2013 dated 18.06.2014 and confirmed in common writ
appeal (MD) No.51 of 2018 dated 27.03.2018 reported in 2018 (1) CWC
689 quoting the Hon'ble Supreme Court orders within a specified time
frame that may be fixed by this Court.
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W.P.(MD)Nos.15852 of 2019
2. The petitioner was serving as Office Assistant. He was
originally serving as Hand Pump Fitter Assistant in Panchayat Union on
temporary basis. He has been continuously working without any break in
service till 03.12.2006 on daily wage basis. Subsequently the petitioner
was absorbed as Office Assistant in the regular time scale of pay with
effect from 04.12.2006 as per G.O.Ms.No.55 Rural Development and
Local Administration Department dated 15.05.2006. Thereafter, the
services of the writ petitioner had been regularised in the cadre of Office
Assistant with effect from 25.09.2006.
3. With reference to the above facts, the learned counsel for the
petitioners reiterated that as per Rule 11(4) of the Tamil Nadu Pension
Rules, 1978, the temporary services rendered by the writ petitioner prior
to his date of regularization is to be reckoned for the purpose of
calculating the qualifying services.
4. The learned counsel for the writ petitioner relied on the
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W.P.(MD)Nos.15852 of 2019
judgment of the Hon'ble Division Bench reported in 2018 (1) CWC 689
in the case of Government of Tamil Nadu v. K.Sakthivel.
5. The learned Special Government Pleader objected the said
contention by stating that the services of the writ petitioner was
regularised after 01.04.2003 more specifically after introducing the new
pension scheme and therefore, the petitioner is eligible under the
contributory pension scheme and thus, the question of counting the
services under the old Tamil Nadu Pension Rules does not arise at all.
Even in respect of the application of Rule 11(4) of the Tamil Nadu
Pension Rules, 1978, the matter was referred to the Full Bench, in view
of the conflicting judgment and the Hon'ble Full Bench settled the issues
in the case of Government of Tamil Nadu and others v.
R.Kaliyamoorthy reported in 2019 (6) CTC 705. As per the principles
laid down by the Full Bench, the petitioners are not eligible, as they were
regularly appointed in the sanctioned post only after 01.04.2003 and
therefore, the petitioners are brought under the contributory pension
scheme and thus, the Tamil Nadu Pension Rules are not applicable. The
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W.P.(MD)Nos.15852 of 2019
above position is made clear by the Hon'ble Full Bench also and
therefore, the petitioners are not entitled for the relief.
6. This Court is of the considered opinion that though the
petitioners are brought under the contributory Pension Scheme, the relief
sought for is to count the past services rendered by him, when the Tamil
Nadu Pension Rules was in force. In respect of Rule 11(4) of the said
Rules, the temporary services rendered by the petitioners shall be taken
into consideration for reckoning the qualifying services. The Full Bench
has laid down the principles for application of Rule 11(4) of the Tamil
Nadu Pension Rules. Therefore, the respondents are directed to verify
the service particulars of the petitioners with reference to the principles
laid down by the Full Bench in Government of Tamil Nadu and others
v. R.Kaliyamoorthy reported in 2019 (6) CTC 705 and pass appropriate
orders regarding the eligibility of the writ petitioners for counting the
past services under Rule 11(4) of the Pension Rules. The said exercise is
directed to be done by the respondents within a period of twelve weeks
from the date of receipt of a copy of this order.
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W.P.(MD)Nos.15852 of 2019
7. The writ petitions stand disposed of accordingly. No costs.
18.04.2022
Index:Yes/No
Internet:Yes
RR
To
1.The Secretary to Government
Rural Development and Panchayat Raj Department
Secretariat, Chennai.
2.The Commissioner of Rural Development and
Panchayat Raj
Panagal Building,
Saidapet, Chennai
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W.P.(MD)Nos.15852 of 2019
S.M.SUBRAMANIAM,J.
RR
W.P.(MD)Nos.15852 15854, 15856, 15857, 15859, 15862, 15864,
15865, 15867, 15869, 15871 and 15872 of 2019
18.04.2022
https://www.mhc.tn.gov.in/judis
