Madras High Court
P.Selvadhas vs The Secretary on 1 October, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.6548 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.10.2024
CORAM
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.6548 of 2019
P.Selvadhas : Petitioner
Vs.
1.The Secretary,
Municipal Administration & Water Supply Department,
Fort St. George,
Chennai – 600 009.
2.The Director of Town Panchayat,
Kuralagam,
Chennai – 600 108.
3.The Assistant Director of Town Panchayat,
Nagercoil,
Kanyakumari District.
4.The Executive Officer,
Karungal Selection Grade Panchayat,
Karungal,
Kanyakumari District. : Respondents
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1/6
W.P.(MD)No.6548 of 2019
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for a Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned order passed by the fourth
respondent in letter Na.Ka.No.151/2018/A1 dated 22.06.2018 and
quash the same and consequently direct the respondents to pay
pension benefits after taking into account of 50% service period
rendered prior to the petitioner's regularization with all monetary
benefits.
For Petitioner : Mr.M.Karuppasamy
For Respondent No.1 : Mr.S.Kameswaran
Government Advocate
ORDER
This Writ Petition has been filed challenging the impugned
order dated 22.06.2018 passed by the fourth respondent rejecting
the petitioner's request for grant of pensionary benefits after taking
into account the 50% of the services rendered by him prior to the
regularisation of his service with all monetary benefits.
2.The prayer sought for in this Writ Petition cannot be
granted by this Court in view of the settled law as held by the Full
Bench judgment of this Court dated 03.12.2019 passed in W.A.Nos.
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158 of 2016 batch and W.A.Nos.25 of 2017 batch. As per the
aforesaid Full Bench judgment, it has been made clear that those
Government servants who were appointed before the cut off date and
later appointed under Rule 10(a)(i) of the Tamil Nadu State and
Subordinate Service Rules, before 01.04.2003 and absorbed into
regular service for the purpose of determination of qualifying service
for pension are alone entitled to get pension.
3.It is also brought to the notice of this Court by the
learned Government Advocate appearing for the respondents that
the Full Bench decision of this Court referred to supra has been
upheld by the Hon'ble Supreme Court on 12.08.2022 in S.L.P.No.
15406 of 2021.
4.In the case on hand, admittedly, the petitioner was
regularised into service only on 23.06.2006 after the cut off date and
therefore, the question of granting pensionary benefits to him after
taking into account the 50% of the services rendered by him prior to
his date of regularisation will not arise. The respondents have rightly
rejected the petitioner's request under the impugned order. Hence,
there is no merit in this writ petition.
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5.Accordingly, this Writ Petition stands dismissed. There
shall be no order as to costs.
01.10.2024
Index :Yes / No
Internet : Yes / No
NCC : Yes/No
MR
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To
1.The Secretary,
Municipal Administration & Water Supply Department,
Fort St. George,
Chennai – 600 009.
2.The Director of Town Panchayat,
Kuralagam,
Chennai – 600 108.
3.The Assistant Director of Town Panchayat,
Nagercoil,
Kanyakumari District.
4.The Executive Officer,
Karungal Selection Grade Panchayat,
Karungal,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
MR
01.10.2024
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