Madras High Court
C. Sivalingam vs The Secretary To Government on 31 August, 2023
W.P.No.15984 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE J. SATHYA NARAYANA PRASAD
W.P.No.15984 of 2020
C. Sivalingam ... Petitioner
Vs.
1. The Secretary to Government
Revenue Department,
Secretariat,
Chennai 600 009.
2. The Commissioner of Revenue Administration
Ezhilagam, Chepauk,
Chennai 600 005.
3. The Collector
Thiruvalluvar District Collectorate
Thiruvalluvar District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of Constitution of
India, seeking Writ of Mandamus to direct the respondents to consider the
representation dated 29.08.2020 and pass orders on it by considering the
petitioner's 50% of service as Village Chowkidhar (Thalaiyari or Girama
Kavalar) from 25.07.1981 to 31.05.1995 along with his regular service as
Village Assistant from 01.06.1995 to 23.07.2015 and Village Administrative
Officer from 24.07.2015 to 30.06.2019 for calculating his pension as per Tamil
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1
W.P.No.15984 of 2020
Nadu Pension Rules, 1978 and to consequently to direct the respondents to send
revised pension proposals and to grant revised pension to him within a specified
time frame.
For Petitioner : M/s.Kanimozhi Mathi
for Mr.N.Ramamani
For Respondents : Mr.A.M.Ayyadurai
Government Advocate
ORDER
The petitioner has filed the above writ petition praying for issuance of
a Writ of Mandamus to direct the respondents to consider the representation
dated 29.08.2020 and pass orders on it by considering the petitioner's 50% of
service as Village Chowkidhar (Thalaiyari or Girama Kavalar) from 25.07.1981
to 31.05.1995 along with his regular service as Village Assistant from
01.06.1995 to 23.07.2015 and Village Administrative Officer from 24.07.2015
to 30.06.2019 for calculating his pension as per Tamil Nadu Pension Rules,
1978 and to consequently to direct the respondents to send revised pension
proposals and to grant revised pension to him within a specified time frame.
2. The learned counsel for the petitioner submitted that the petitioner
had joined the service under the 3rd respondent as Village Chowkidhar
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W.P.No.15984 of 2020
(Thalaiyari or Girama Kavalar) at Vadakku Nallur. Appointment order dated
25.07.1981 was issued by the Tahsildar, Ponneri confirming permanency and
for consolidated salary and the petitioner served in the said post till 31.05.1995
without any break. Subsequently the post of Village Chowkidhar (Thalaiyari or
Girama Kavalar) was re-designated as Village Assistant with effect from
01.06.1995 as per the G.O.(Perm) No.625, Revenue Department dated
06.07.1995 and he was absorbed in the said post as Village Assistant with
regular time scale of pay from 01.06.1995 and he served as Village Assistant till
23.07.2015 without any break. Thereafter, the petitioner was promoted to the
post of Village Administrative Officer by the proceedings of the Sub-Collector,
Ponneri dated 14.10.2016 and he was serving as Village Administrative Officer
from 24.07.2015 till he attained superannuation and retired from service on
30.06.2018 by the proceedings of the Revenue Officer, Ponneri dated
28.06.2018.
3. The learned counsel further submitted that after the petitioner's
retirement the respondents sanctioned pension to him by calculating the period
he had worked as Village Assistant from 01.06.1995 to 23.07.2015 and Village
Administrative Officer from 24.07.2015 to 30.06.2018 alone and failed to
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W.P.No.15984 of 2020
consider the service rendered by him as Village Chowkidhar (Thalaiyari or
Girama Kavalar) from 25.07.1981 to 31.05.1995. The Hon'ble Madurai Bench
of Madras High Court in W.A.(MD).No.370 of 2019 dated 22.10.2019 passed
an order that 50% of the services put in holding the post of Village Chowkidhar
(Thalaiyari or Girama Kavalar) has to be taken account for the purpose of
calculating pension considering Rule 11 (4) of the Tamil Nadu Pension Rules,
1978. Since the grievance of the petitioner was not considered the petitioner has
come forward with the present writ petition.
4. Further, in this context, the learned counsel for the petitioner relied
upon the judgment of the Division Bench of this Court in W.A.(MD).No.370 of
2019 dated 22.10.2019, wherein the division bench, in the last para held thus:-
“ The writ petition in W.P.(MD).No.70 of 2019 stands
allowed in tune with the earlier precedents of this Court. The first
respondent is directed to pass orders counting 50% of the services
of the appellant put in by him as Thalayari for the period from
07.01.1983 to 31.05.1995 for the purpose of calculation of
pension along with regular services put in by him as Village
Assistant and Village Administrative Officer and to send revised
pension proposals within a period of six weeks from the date of
receipt of a copy of this order”.
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W.P.No.15984 of 2020
5. Counter affidavit dated 28.06.2021 has been filed by the 3 rd
respondent and it is relevant to extract the following paragraphs:-
6) It is humbly submitted that as per the Government letter
No.12764/Ser.8(1)/2018-2, dated 20.12.2018 and letter
No.39161/Ser.8(1)/2018-5, dated 20.11.2019 of Revenue and Disaster
Management Department, Services Wing, Secretariat, Chennai – 9 have
issued clarification to point raised by the Senior Accountant General and
the same tabulated below:-
1 If a Village Assistant is promoted Village Assistants in the Revenue
to the post of Village Department have been brought
Administration Officer prior to under regular establishment from
01.04.2003, whether the part time to full time with effect
pensionary benefits are admissible from 01.06.1995 and they are paid
as per Tamil Nadu Pension Rules, salary in the non-standard scales
1978 on the analogy that Village of pay, with other usual
Assistants are non pensionable allowances under orders in force,
(prior to issue of G.O.9) as per and these posts are non-
G.O.118 pensionable which is governed by
Tamil Nadu Village Assistant
Pension Rules, 1995. In view of
the above position it is clarified
that half of the qualifying services
rendered in the post of full time
Village Assistant with effect from
01.06.1995 which is covered under
Tamil Nadu Village Assistants
Pension Rules, 1995 may be
counted when such service is
followed by regular Village
Administrative Officer Service, by
promotion prior to 01.04.2003
which is governed by Tamil Nadu
Pension Rules, 1978 for the
purpose of pensionary benefits to
the conditions laid down in Rule
11(3) of Tamil Nadu Pension Rule,
1978.
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W.P.No.15984 of 2020
2 If a Village Assistant is promoted An Employees who held a post
to the post of Village with pensionable service under
Administrative Officer after to Tamil Nadu Village Assistants
01.04.2003, then the modality as to Pension Rules, 1995 and
how his services are to be reckoned promoted subsequently in another
for pensionary benefits. post i.e., after 01.04.2003 by
recruitment by transfer
(promotion) i.e., Village Assistant
to Village Administrative Officer,
50% of service rendered by the
employee in the post of Village
Assistant and the entire service of
Village Administrative Officer are
to be reckoned for pensionary
benefits under Tamil Nadu
Pension Rules, 1978.
As per the Tamil Nadu Village Assistant Pension Rules 1995 it
has defined as
Chapter – I – General:-
(ii) They shall be deemed to have come into force on 01.06.1995
Chapter – II Pension & Gratuity:-
4 (a) “In computing the length of Service for calculating of
pension and gratuity, temporary, officiating and permanent (full time)
service shall be reckoned as qualifying service.
Therefore the petitioner is entitled to count their service from
01.06.1995 from the date of the regularisation of the post of Village
Assistant, for the purpose of calculating pension and any further claim
beyond that is impermissible under law.
6. Heard both sides and perused the materials available on record.
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W.P.No.15984 of 2020
7. In view of the above factual matrix of the case and the ratio laid
down by the Division Bench of this Court in W.A.(MD).No.370 of 2019 dated
22.10.2019 as cited supra, this Court is inclined to allow the writ petition.
8. In the result, the writ petition stands allowed and the respondents
are directed to consider the petitioner's 50% of service as Village Chowkidhar
(Thalaiyari or Girama Kavalar) from 25.07.1981 to 31.05.1995 along with his
regular service as Village Assistant from 01.06.1995 to 23.07.2015 and Village
Administrative Officer from 24.07.2015 to 30.06.2019 for calculating his
pension as per Tamil Nadu Pension Rules, 1978 and also grant revised pension
to him within a period of four weeks from the date of receipt of a copy of this
order. No costs.
31.08.2023
dpq
Index : Yes/No
Speaking Order : Yes/No
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W.P.No.15984 of 2020
J. SATHYA NARAYANA PRASAD, J.
dpq
W.P.No.15984 of 2020
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31.08.2023
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W.P.No.15984 of 2020
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