Madras High Court
The Commissioner vs The Secretary To Government Of ... on 16 August, 2023
W.A.No.1587 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.08.2023
CORAM
THE HON'BLE Mr. JUSTICE R.SURESH KUMAR
AND
THE HON'BLE Mr. JUSTICE K.KUMARESH BABU
W.A.1587 of 2019 and
C.M.P.No.10855 of 2019
The Commissioner,
Sirgazhi Municipality,
Sirgazhi. ... Appellant
Vs.
1.The Secretary to Government of Tamil Nadu,
Finance Department,
Fort St. George, Chennai – 600 009.
2.The Accountant General,
No.361, Anna Salai,
Chennai – 600 015.
3.The Assistant Director (Pension),
Municipal Local Fund Audit Directorate,
Kuralagam, 4th Floor,
Chennai – 600 108.
4.The Commissioner of Municipal Administration
and Water Supply Department,
Chepauk, Chennai – 600 005.
5.C.Arumugam ... Respondents
Prayer : Appeal filed under Clause 15 of the Letters Patent Act, praying
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1/6
W.A.No.1587 of 2019
to set aside the order dated 06.06.2018 in W.P.No.13585 of 2015.
For Appellant : Mr.C.Elamurugan
For Respondents : K.V.Sajeev Kumar
Special Government Pleader
For R1, R3 and R4
: No appearance for R2 and R5
JUDGMENT
(Judgment of the Court was delivered by K.KUMARESH BABU, J.)
This intra-Court appeal has been filed as against the order of the
learned Single Judge dated 06.06.2018 in W.P.No.13585 of 2015, where
directions were issued to count the service of the petitioner/5 th
respondent herein between 1972 and 1980 where he had worked as a
Village Headmen and take 50% of the said service in calculating the
pensionary benefits.
2. Subsequent to the order impugned in this writ appeal, a Full
Bench of this Court in Government of Tamil Nadu and others Vs.
R.Kaliyamoorthy reported in 2019 (6) CTC 705, had concluded the
aforesaid issue wherein in paragraph 45, the following directions have
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W.A.No.1587 of 2019
been issued.
“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 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.
(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.
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W.A.No.1587 of 2019
(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.”
3. The facts of the present case is squarely covered under clause
(ii) of paragraph 45 of the Full Bench judgment. Therefore, we do not
find any infirmity in the order passed by the learned Single Judge and
accordingly the writ appeal is dismissed. However, there shall be no
order as to costs. Connected C.M.P. is also dismissed.
(R.S.K., J.) (K.B., J.)
16.08.2023
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
Sgl
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W.A.No.1587 of 2019
To
1.The Secretary to Government of Tamil Nadu,
Finance Department,
Fort St. George, Chennai – 600 009.
2.The Accountant General,
No.361, Anna Salai,
Chennai – 600 015.
3.The Assistant Director (Pension),
Municipal Local Fund Audit Directorate,
Kuralagam, 4th Floor, Chennai – 600 108.
4.The Commissioner of Municipal Administration
and Water Supply Department,
Chepauk, Chennai – 600 005.
https://www.mhc.tn.gov.in/judis
W.A.No.1587 of 2019
R. SURESH KUMAR, J.
And
K.KUMARESH BABU, J.
Sgl
W.A.No.1587 of 2019
16.08.2023
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