Madras High Court
M.Petchiyammal vs The State Of Tamil Nadu on 22 April, 2022
W.P.(MD) No.10457 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.10457 of 2019
M.Petchiyammal ... Petitioner
-vs-
1.The State of Tamil Nadu,
Rep.by its Secretary to Government,
Environment and Forest Department,
Fort St.George,
Chennai-9.
2.The Principal Chief Conservator of Forest,
Panagal Building,
Saidapet, Chennai-15.
3.The District Forest Officer,
Sirumalai IFF Division,
Dindigul, Dindigul District.
4.The Principal Accountant General of Tamil Nadu,
Teynampet,
Chennai-18. ... Respondents
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W.P.(MD) No.10457 of 2019
Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the respondents 1 to 3
to count the half of service rendered by the petitioner's husband as Plot
Watcher from 01.04.1983 on temporary basis along with regular service to
till the date of death on 08.08.2016 as qualifying service for the purpose of
conferment of family pension and to direct the respondents to send pension
proposal to the fourth respondent to authorize the same with all
consequential benefits with effect from the date of death within time frame.
For Petitioner : Mr.K.Jenitha
For Respondents : Mr.M.Ramesh,
Government Advocate for RR1 to 3
Mr.P.Gunasekaran for R4
ORDER
The relief sought for in the present writ petition is to direct the
respondents 1 to 3 to count the half of service rendered by the petitioner's
husband as Plot Watcher from 01.04.1983 on temporary basis along with
regular service till the date of death on 08.08.2016 as qualifying service for
the purpose of conferment of family pension and to direct the respondents to
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W.P.(MD) No.10457 of 2019
send pension proposal to the fourth respondent to authorize the same with
all consequential benefits with effect from the date of death within a time
limit stipulated by this Court.
2. The claim of the petitioner is to count 50% of service rendered
by the petitioner's husband on temporary basis in the post of Plot Watcher.
The petitioner's husband was appointed on temporary basis in the post of
Plot Watcher in the year 1983. His services were regularised on 05.06.2008.
He died, while he was in service. The petitioner is the wife of the deceased
employee and she seeks the relief of regularisation and to count the period
of temporary services.
3. This Court is of the considered opinion that the benefit of
regularisation is to be claimed only by the employee concerned and not by
the legal heirs. As far as the counting of temporary service is concerned, the
conditions stipulated in Rule 11(4) of the Tamil Nadu Pension Rules,1978
are to be followed. In this regard, the Hon'ble Full Bench of this Court
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W.P.(MD) No.10457 of 2019
considered the scope of Rule 11(4) of the said Rules and delivered a
judgment in the case of Government of Tamil Nadu vs. R.Kaliyamoorthy
reported in 2019 (6) CTC 705 and the relevant portion of the judgment is
extracted hereunder:-
5. 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.
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W.P.(MD) No.10457 of 2019
(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 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. In view of the principles of the Hon'ble Full Bench of Court,
the case of the petitioner is to be considered with reference to the service
records of her husband and if he is otherwise eligible for counting 50%
service, the said benefit is to be extended as per the principles laid down by
the Hon'ble Full Bench and further actions are to be taken if necessary.
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W.P.(MD) No.10457 of 2019
5. Accordingly, the Writ Petition stands disposed of. However,
there shall be no order as to costs.
22.04.2022
ssb
Index:Yes
Internet:Yes
To
1.The State of Tamil Nadu,
Rep.by its Secretary to Government,
Environment and Forest Department,
Fort St.George,
Chennai-9.
2.The Principal Chief Conservator of Forest,
Panagal Building,
Saidapet, Chennai-15.
3.The District Forest Officer,
Sirumalai IFF Division,
Dindigul, Dindigul District.
4.The Principal Accountant General of Tamil Nadu,
Teynampet,
Chennai-18.
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W.P.(MD) No.10457 of 2019
S.M.SUBRAMANIAM, J.
ssb
W.P.(MD) No.10457 of 2019
22.04.2022
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