Madras High Court
N.Murugeswari vs The Principal on 30 March, 2023
W.P(MD)No.16510 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.03.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.16510 of 2020
N.Murugeswari ... Petitioner
Vs.
1.The Principal,
Government Medical College (Sidda),
Murugankurichi, Palayamkottai.
2.The Director,
Directorate of Indian Medicine and Homeopathy,
Arumpackam, Chennai -106.
3.The Secretary to Government,
Health and Family Welfare IM 2 (2) Department,
Chennai-9. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus,
calling for the records connected with the impugned order passed by the
2nd respondent in Na.Ka.No.18149/Ni 2/1/2010 dated 28.09.2020 quash
the same and consequently direct the respondents to Regularize the
service of the petitioner on 13.07.2000 instead of 10.07.2007 with Time
Scale of pay on completion of 10 years of service from the initial date of
1/8
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W.P(MD)No.16510 of 2020
appointment on 13.07.1990 in terms of G.O.Ms.No.22 Personnel and
Administrative Reforms (F) Department dated 28.02.2006 notionally
without Back Wages and to extend the benefit of Old Pension Scheme
instead of New Pension Scheme which takes effect from 01.04.2003 in
view of the appointment of the petitioner on 13.07.1990 prior to the cut
of date of 01.04.2003 in the basic service as Hospital Worker through
Employment Exchange in the sanctioned post on full time basis in the
light of the Division Bench Judgment of this Court reported in 2019 (4)
CTC 865 dated 02.08.2019.
For Petitioner : Mr.S.Govindan
For Respondents : Mr.T.Vilavangothi,
Addl. Government Pleader.
ORDER
Heard the learned counsel on either side.
2.The petitioner was appointed as a Hospital Worker in Siddha
Rural Dispensary in Theni District on 13.07.1990. She was originally
paid only a meagre amount as consolidated pay to the tune of Rs.200/-
per month. It was increased to Rs.600/- per month in the year 2007.
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W.P(MD)No.16510 of 2020
The petitioner was absorbed as Pharmacy Attendant vide G.O.(2D)No.
80, Health and Family Welfare Department, dated 10.07.2007. The
petitioner reached the age of superannuation on 30.09.2022. During her
service, she represented for placing her under the old pension scheme.
The case of the petitioner is that since she was appointed as Hospital
Worker on consolidated pay basis in the year 1990, she ought to have
been regularized after ten years of said service and in that event, she
would have come under old pension scheme. The petitioner's request
was rejected vide order dated 28.09.2020 by the second respondent
herein. Challenging the said decision, the present writ petition has been
filed.
3.The learned counsel for the petitioner reiterated all the
contentions set out in the affidavit filed in support of the writ petition and
called upon this Court to set aside the impugned order and grant relief as
prayed for. The learned counsel placed reliance on a catena of decisions.
Many of them have been enclosed in the typed set of papers. He also
placed particular reliance on the decision of the Hon'ble Division Bench
reported in 2023-I-LLJ-696 (M.Shanmugam and Others Vs.
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W.P(MD)No.16510 of 2020
Government of Tamil Nadu and Others) and the order of the Hon'ble
Supreme Court dated 18.02.2022 dismissing S.L.P.(C)No.1109 of 2022.
He pointed out that those cases also arose from similar factual matrix.
4.The respondents have filed a detailed counter affidavit and the
learned Additional Government Pleader took me through its contents.
The stand of the respondents is that there is no merit in the petitioner's
request. Reliance is placed by the respondents on the decision of the
Hon'ble Supreme Court reported in 2017 (4) SCC 113 (The Secretary to
Governemnt, Commercial Taxes and Registration Department and
Another vs. A.Singamuthu). The learned Additional Government
Pleader pressed for dismissal of the writ petition.
5.I carefully considered the rival contentions and went through the
materials on record. It is true that the petitioner was appointed as a
Hospital Worker way back in the year 1990. The fact remains that she
was appointed as a Pharmacy Attendant only vide G.O.(2D)No.80,
Health and Family Welfare Department, dated 10.07.2007. The
petitioner on such appointment came under what is known as
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W.P(MD)No.16510 of 2020
Contribution Pension Scheme. For the petitioner to come under the old
pension, the cut off date is 01.04.2003. In other words, if the petitioner
had been appointed as a regular government employee prior to the cut off
date, she would come under the old pension scheme. The fact remains
that the petitioner was working on consolidated pay basis from year 1990
till 2007. The petitioner has not questioned G.O.(2D)No.80, dated
10.07.2007. In other words, the petitioner accepted her appointment as
Pharmacy Attendant with effect from 10.07.2007. The Hon'ble Supreme
Court in the decision reported in 2017 (4) SCC 113 (The Secretary to
Governemnt, Commercial Taxes and Registration Department and
Another vs. A.Singamuthu) had held that the benefit of service under
G.O.(Ms)No.22, Personal and Administrative Reforms Department,
28.02.2006 can be given only from the date of regularization and not
from a date anterior to the date of regularization. The very same
approach has to be adopted in the present case also. When the
petitioner's appointment as Pharmacy Attendant is only with effect from
10.07.2007, I do not know as to how the petitioner's appointment on
regular basis can be pushed back so as to enable the petitioner to come
under the old pension scheme. The petitioner had come under the new
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W.P(MD)No.16510 of 2020
pension scheme and with the knowledge of the petitioner, deductions
have been made from her salary. The petitioner had since retired also. I
do not find any ground to interfere with the impugned order. The writ
petition stands dismissed. No costs.
30.03.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:-
1.The Principal,
Government Medical College (Sidda),
Murugankurichi, Palayamkottai.
2.The Director,
Directorate of Indian Medicine and Homeopathy,
Arumpackam, Chennai -106.
3.The Secretary to Government,
Health and Family Welfare IM 2 (2) Department,
Chennai-9.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.16510 of 2020
https://www.mhc.tn.gov.in/judis
W.P(MD)No.16510 of 2020
G.R.SWAMINATHAN, J.
ias
W.P(MD)No.16510 of 2020
30.03.2023
https://www.mhc.tn.gov.in/judis
