Madras High Court
Government Of Tamil Nadu vs S. Madhaiyan on 31 March, 2023
W.A.No. 2208 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI
W.A.No. 2208 of 2018
1. Government of Tamil Nadu,
Represented by its Secretary to Government,
Forest and Environment Department,
Fort St. George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests,
Panagal Building, Saidapet,
Chennai – 600 015.
3. The District Forest Officer,
Hosur Forest Division,
Hosur, Krishnagiri District.
4. The Accountant General of Tamil Nadu
Office of the Accountant General
Office at Teynampet,
Chennai – 18. ... Appellants
Vs.
S. Madhaiyan ...Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent against
the order passed in W.P.No. 27239 of 2013 dated 11.11.2013.
1/5
https://www.mhc.tn.gov.in/judis
W.A.No. 2208 of 2018
For Appellants : Mr. L.S.M. Hasan Fizal
Additional Government Pleader
For Respondent : No appearance
JUDGMENT
[Judgment of the Court was delivered by D.KRISHNAKUMAR, J.]
Though name of the respondent has been printed in the cause list,
none appeared for the respondent.
2. The learned Additional Government Pleader, appearing for the
appellants, has brought to the notice of this Court a decision of the Full
Bench of this Court, in W.A.Nos. 158, 314, etc., of 2019, The
Government of Tamil Nadu, represented by Secretary to
Government Vs R. Kaliyamoorthy , reported in (2019) 6 C.T.C. 705
(FB), wherein in paragraph No. 46 of the Judgment, the Full Bench had
answered the reference in the following terms:
“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
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W.A.No. 2208 of 2018
(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.
(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 aforesaid Full Bench judgment squarely applies to the facts of
the present case and accordingly the respondent/writ petitioner is not
entitled to count half of his past service for the purpose of determination of
qualifying service for pension, since his services were regularized after
01.04.2003 namely on 05.09.2003.
https://www.mhc.tn.gov.in/judis
W.A.No. 2208 of 2018
4. Therefore, in the light of Full Bench judgment cited supra, as the
respondent/writ petitioner does not entitle any relief, the order passed by
the learned Single Judge is set aside. Consequently the Writ Appeal is
allowed. No costs. C.M.P.No. 17289 of 2018 is closed.
(D.K.K., J.) (K.G.T., J.)
31.03.2023
Intex : Yes/No
Internet : Yes/No
mrn
To
1. The Secretary to Government,
Government of Tamil Nadu,
Forest and Environment Department,
Fort St. George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests,
Panagal Building, Saidapet,
Chennai – 600 015.
3. The District Forest Officer,
Hosur Forest Division,
Hosur, Krishnagiri District.
4. The Accountant General of Tamil Nadu
Office of the Accountant General
Office at Teynampet,
Chennai – 18.
https://www.mhc.tn.gov.in/judis
W.A.No. 2208 of 2018
D.KRISHNAKUMAR, J.
and
K. GOVINDARAJAN THILAKAVADI , J.
(mrn)
W.A.No. 2208 of 2018
31.03.2023
https://www.mhc.tn.gov.in/judis
