Madras High Court
A. Krishnaveni vs The Government Of Tamil Nadu on 10 July, 2023
W.P.No.1577 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2023
CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
Writ Petition No.1577 of 2020
A. Krishnaveni ... Petitioner
Vs.
1. The Government of Tamil Nadu
Rep.by its Principal Secretary
to Government
Rural Development & Panchayat
Raj Department
Fort St.George, Chennai 600 009.
2. The Director of Rural Development
& Panchayat Raj
Panagal Building
Saidapet, Chennai 600 015.
3. The Principal Accountant General
(A & E) Tamil Nadu
No.361 Anna Salai,
Chennai 600 018.
4. The District Collector,
Coimbatore District,
Coimbatore. … Respondents
Page No.1 of 7
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W.P.No.1577 of 2020
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
praying for issuance of Writ of Mandamus directing the respondents to
extend the benefit of orders passed by Division Bench of this Court in
W.A.No.431 of 2016 dated 11.04.2016 and W.A.No.612 of 2016 dated
24.06.2016 by counting 50% services rendered by the petitioner's husband in
the post of part time Panchayat clerk from 01.10.1970 till 27.12.1990 for the
purpose of granting pension along with regular service from 28.12.1990 till
30.11.2007 along with regular service for the purpose of granting pension.
For Petitioner : Mr.V.Suthakar
For Respondents : Mr.D.Gopal
Government Advocate
ORDER
The petitioner has filed this petition seeking direction to the
respondents to extend the benefit of orders passed by Division Bench of this
Court in W.A.No.431 of 2016 dated 11.04.2016 and W.A.No.612 of 2016
dated 24.06.2016 by counting 50% services rendered by the petitioner's
husband in the post of part time Panchayat clerk from 01.10.1970 till
27.12.1990 for the purpose of granting pension along with regular service
from 28.12.1990 till 30.11.2007 along with regular service for the purpose of
granting pension.
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W.P.No.1577 of 2020
3. The learned counsel for the petitioner submitted that similar
issue was considered by this Court in W.A.No.431 of 2016 wherein by order
dated 11.04.2016 the Division Bench of this Court directed the respondents
to consider the claim of the petitioners therein in the light of G.O.Ms.No.39
and the subsequent G.O.Ms.No.77. The Full Bench of this Court in
W.A.No.158 of 2016 batch etc., dated 03.12.2019 also endorsed the same
view and therefore similar order may be passed in this writ petition also.
4. The learned Government Advocate, on going through the earlier
order passed by this Court on 11.04.2016 and 03.12.2019, submitted that
similar orders may be passed.
5. In the order dated 11.04.2016, passed by this Court in
W.A.No.431 of 2016, in paragraph No.5, it was held as follows:-
“5. In the case on hand, indisputably, the
respondents 1 and 2 were absorbed as Junior
Assistant before 01 April 2003, subsequent to which
the first respondent was promoted as Assistant and
retired from service on 31st December 2009 and the
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W.P.No.1577 of 2020
second respondent retired as Cashier on 30th June
2007. Thus, the respondents 1 and 2 are entitled to
the benefit as granted in G.O.Ms.No.39 and the
subsequent Government order in G.O.Ms.No.77
would not be applicable to those employees, who
were entitled to the benefit before issuance of the said
Government order”.
6. The Hon'ble Full Bench of this Court in W.A.No.158 of 2016 batch
etc., dated 03.12.2019 also confirmed the view and the relevant portion of the
judgment is extracted as hereunder:-
46. 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
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W.P.No.1577 of 2020
pay or on honorarium or daily wage basis and if such services
were regularised before 01.04.2003, half of service rendered shall
be counted for the purpose of conferment of pensionary benefits.
7. As the petitioner herein is also similarly placed as that of the
petitioners in the above cited judgments, the writ is disposed of on the same
lines. No costs.
16.07.2023
dpq
Index : Yes/No
Speaking Order : Yes/No
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W.P.No.1577 of 2020
To:
1. The Government of Tamil Nadu
Rep.by its Principal Secretary
to Government
Rural Development & Panchayat
Raj Department
Fort St.George, Chennai 600 009.
2. The Director of Rural Development
& Panchayat Raj
Panagal Building
Saidapet, Chennai 600 015.
3. The Principal Accountant General
(A & E) Tamil Nadu
No.361 Anna Salai,
Chennai 600 018.
4. The District Collector,
Coimbatore District,
Coimbatore.
https://www.mhc.tn.gov.in/judis
W.P.No.1577 of 2020
J. SATHYA NARAYANA PRASAD, J.
dpq
Writ Petition No.1577 of 2020
16.07.2023
https://www.mhc.tn.gov.in/judis
