Madras High Court
K.Muniappan vs The Secretary To Government on 9 December, 2022
W.P.(MD)No.23102 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.12.2022
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.23102 of 2018
K.Muniappan ... Petitioner
Vs.
1. The Secretary to Government,
Revenue Department,
Secretariat, Chennai – 600 009.
2. The District Collector,
Sivagangai District,
Sivagangai. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records of the second respondent i.e., the District Collector,
Sivagangai relating to the impugned orders in Na.Ka.L1/25055/2017
dated 16.10.2018 and quash the same and consequently direct the first
and second respondents i.e., the Secretary to Government, Revenue
Departtment, Chennai and the District Collector, Sivagangai to count
half of the services put in by the petitioner I.e., from 25.09.1984 to
1/5
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W.P.(MD)No.23102 of 2018
31.12.2005 on daily wage and the full service rendered by the petitioner
in the regular time scale of pay with effect from 01.01.2006 to
31.05.2015 and to send pension proposals to the Accountant General,
Chennai within a specified time frame that may be fixed by this Court.
For Petitioner : Mr.S.Visvalingam
For Respondent : Mr.R.Sureshkumar
Additional Government Pleader
ORDER
This writ petition is filed challenging the impugned order with
the consequential relief to calculate 50% of the services rendered in daily
wage.
2. The petitioner was appointed as Night Watchman, dated
25.09.1984. However, the petitioner was regularized with effect from
01.01.2009 as per G.O(Perm)No.194 Revenue Department, dated
27.07.2016. Since the petitioner's service was regularized after
01.04.2003. as per Full Bench Judgment rendered in the case of the
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W.P.(MD)No.23102 of 2018
Government of Tamil Nadu and others vs. R.Kaliyamoorthy reported in
2019 (6) CTC 705, he is not entitled to the relief and the Full Bench is
extracted hereunder:
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 W.A.No.158 of
2016 etc., batch 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
regularised 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 Service Rules before 01.04.2003 and absorbed into
regular service after 01.04.2003 will not be entitled to count half
of W.A.No.158 of 2016 etc., batch 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."
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.23102 of 2018
Therefore, the petitioner is not entitled to count the services rendered
prior to 01.04.2003.
3. Hence, this Writ Petition is dismissed. No costs.
09.12.2022
Index : Yes / No
Internet : Yes / No
jbr
To
1. The Secretary to Government,
Revenue Department,
Secretariat, Chennai – 600 009.
2. The District Collector,
Sivagangai District,
Sivagangai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.23102 of 2018
S.SRIMATHY, J
jbr
Order made in
W.P.(MD)No.23102 of 2018
09.12.2022
https://www.mhc.tn.gov.in/judis
