Madras High Court
The State Of Tamil Nadu vs Tamil Nadu Medical Department on 15 September, 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.09.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.1292 of 2015
and
M.P.(MD)No.1 of 2015
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of Health and Family Welfare,
Secretariat, Chennai.
2.The Secretary,
Department of Finance (Pension),
Secretariat,
Chennai-600 009.
3.The Director,
Department of Medical Education,
Kilpauk, Chennai-600 010. ...Appellants
/Vs./
Tamil Nadu Medical Department,
All Workers and Sanitary Workers Association
Represented by the President, M.Venkatachalam,
S/o.K.Muthusamy,
No.4/520-9, Ganga Nagar, Madurai. ...Respondent
1/5
https://www.mhc.tn.gov.in/judis
PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to
set aside the order dated 20.01.2014 made in W.P.(MD)No.14722 of
2010.
For Appellants : Mr.S.Shaji Bino
Special Government Pleader
For Respondent : Mr.Vetrivel
for Mr.S.Rajasekar
JUDGMENT
(Judgment of the Court was made by R.VIJAYAKUMAR, J.)
The respondents in the writ petition are the appellants herein.
2.The respondent herein, the Tamil Nadu Medical Department,
All Workers and Sanitary Workers Association through their
President/writ petitioner, has filed Writ Petition challenging an order
dated 11.03.2010, wherein the request to be covered under the old
pension scheme was rejected.
3.The members of the Writ Petitioner's Association were
working as substitute workers in various Medical Institutions.
Considering their long services, their services were regularised by way of
G.O.Ms.No.149, H & W Department, dated 08.05.2007. Thereafter, the
https://www.mhc.tn.gov.in/judis
writ petitioners individually as well as association made an attempt to get
themselves enrolled in the old pension scheme. The writ petitioner's
request was rejected. Hence, they have filed the present writ petition.
The Writ Court had allowed the writ petition on the ground that the old
pension scheme is applicable to the members of the petitioner's
association based on the date of their appointment. Challenging the said
order, the present appeal has been filed by the State.
4.The full bench of our high Court in a judgment in
Government of Tamil Nadu rep by Secretary to Government and others
vs. R.Kaliyamoorthy [2019 (6) CTC 705] in paragraph No.45 (v) has held
as follows:
“45....
(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.”
5.In view of the judgment of the Full Bench, the members of
the writ petitioner Association, though were appointed prior to
https://www.mhc.tn.gov.in/judis
01.04.2003, were absorbed in regular service only with effect from
08.05.2007 and they will not be entitled to count their past services and
they will not be entitled to get themselves enrolled under the old pension
scheme. At the time, when the writ Court passed the order, the Writ
Court did not have the benefit of this Full Bench Judgment. Therefore,
the order of the Writ Court is liable to be set aside and accordingly, this
Writ Appeal stands allowed. No costs. Consequently connected
miscellaneous petition is closed.
[A.S.M.J.,] & [R.V.J.,]
15.09.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
ta
https://www.mhc.tn.gov.in/judis
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
ta
Order made in
W.A.(MD)No.1292 of 2015
Dated:
15.09.2023
https://www.mhc.tn.gov.in/judis
