Madras High Court
K.Sulochana vs The State Of Tamilnadu on 17 October, 2022
W.P.No.26459 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2022
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.26459 of 2022
K.Sulochana ... Petitioner
Vs.
1.The State of Tamilnadu,
Rep. by its Secretary to Government,
Social Welfare and Noon Meals Department,
Chennai - 600 009.
2.The Commissioner,
Social Welfare Department,
Chepauk,
Chennai - 600 005. ... Respondents
PRAYER: Writ Petition has been filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondents to regularize the service of petitioner as a Supervisor
retrospectively for the purpose of getting enhanced pension and in the light
of Hon'ble Supreme Court Judgment delivered in C.A.No.6789 of 2019
dated 02.09.2019 and Order in W.P.No.19023 of 2021 dated 09.09.2021
and G.O.Ms.No.15, Social Welfare and Nutritious Meals Programme
Department dated 19.01.2013 and G.O.No.46, Social Welfare and
Nutritious Department dated 15.04.2013 and further direction directing the
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W.P.No.26459 of 2022
respondents to regularize the service of the petitioner after completion of
ten years from date of initial appointment instead of prospective
regularization like similarly placed persons.
For Petitioner : Mr.S.Mani
For Respondents : Mr.S.Arumugam
Government Advocate
ORDER
This Writ Petition has been filed for a mandamus seeking for a
direction to the respondents to notionally regularize the service of the
petitioner as a Supervisor retrospectively for the purpose of getting
enhanced pension.
2. The petitioner claims that she has rendered thirty three years of
service since 1982. According to the petitioner, she has not got pensionary
benefits since her regularization was made only after 01.04.2003.
According to the petitioner, similarly placed persons were regularized from
the date of completion of their ten years of service and were able to get
pension. In such circumstances, the petitioner has given a representation on
10.03.2022 to the respondents to notionally regularize the service of the
petitioner from the date of her initial appointment as Supervisor on daily
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W.P.No.26459 of 2022
wage basis for the purpose of getting pension. Since the representation was
not considered, the petitioner has filed this Writ Petition.
3. Heard Mr.S.Mani, learned counsel for the petitioner and
Mr.S.Arumugam, learned Government Advocate for the respondents.
4. Learned Government Advocate appearing for the respondents
would submit that the petitioner is not eligible to get pension in view of the
fact that prior to 01.04.2003 she was only a daily wage earner and only in
the year 2013 she was regularized in service. She is eligible for payment of
pension only under the New Pension Scheme introduced subsequent to
01.04.2003. However, the same is disputed by the learned counsel for the
petitioner.
5. No prejudice would be caused to the respondents if the petitioner's
representation is considered on merits and in accordance with law within a
time frame to be fixed by this Court.
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W.P.No.26459 of 2022
6. The petitioner also relies upon G.O.Ms.No.15, Social Welfare and
Nutritious Meals Programme Department dated 19.01.2013 and G.O.No.46,
Social Welfare and Nutritious Department dated 15.04.2013 to substantiate
her claim for pension. It is for the respondents to consider the same on
merits and in accordance with law and decide as to whether the said G.Os
are applicable to the case of the petitioner or not.
7. Since no acknowledgment card has been produced for the earlier
representation submitted by the petitioner, she will have to give a fresh
representation to the respondents. Learned counsel for the petitioner on
instructions would submit that the petitioner is willing to give a fresh
representation.
8. For the foregoing reasons, this Court directs the petitioner to
submit a fresh representation to the first respondent requesting for
notionally regularizing her service as Supervisor immediately after the
completion of her ten years of service and grant pension to her on the date
of the notional regularization within a period of one week from the date of
receipt of a copy of this order. On receipt of the said representation, the first
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W.P.No.26459 of 2022
respondent shall pass final orders on merits and in accordance with law
within a period of twelve weeks thereafter. While passing the final order,
the first respondent shall take into consideration G.O.Ms.No.15, Social
Welfare and Nutritious Meals Programme Department dated 19.01.2013 and
G.O.No.46, Social Welfare and Nutritious Department dated 15.04.2013
and the Judgment of the Hon'ble Supreme Court dated 02.09.2019 passed in
C.A.No.6789 of 2019 which according to the petitioner is applicable for her
case.
9. With the aforesaid directions, this Writ Petition is disposed of. No
Costs.
17.10.2022
Index : Yes/No
Speaking Order : Yes / No
ab
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W.P.No.26459 of 2022
To
1.The State of Tamilnadu,
Rep. by its Secretary to Government,
Social Welfare and Noon Meals Department,
Chennai - 600 009.
2.The Commissioner,
Social Welfare Department,
Chepauk,
Chennai - 600 005.
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W.P.No.26459 of 2022
ABDUL QUDDHOSE. J.,
ab
W.P.No.26459 of 2022
17.10.2022
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