Madras High Court
Dharumaiyan vs The Government Of Tamil Nadu on 27 September, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.34325 of 2023
and W.M.P.No.34225 of 2023
1.Dharumaiyan
2.Mathiyazhagan ... Petitioners
Vs.
1.The Government of Tamil Nadu
Rep. By the Secretary to Government,
Revenue Department,
Fort St. George,
Chennai – 600 009.
2.The Principal Accountant General (A & E),
O/o. the Principal Accountant General (A & E),
No.361, Anna Salai,
Teynampet, Chennai – 600 018.
3.The Revenue Divisional Officer,
Revenue Divisional Office,
Mayiladuthurai,
Mayiladuthurai District.
4.The Tahsildar,
The Tahsildar Office,
Thiruthuraipoondi Taluk,
Thiruvarur District.
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5.The Tahsildar,
The Tahsildar Office,
Mayiladuthurai Taluk,
Mayiladuthurai District.
6.The Commissioner of Revenue Administration,
Eshilagam, Chepauk,
Chennai. ... Respondents
(R6 suo motu impleaded vide order dated 27.09.2024 in WP.No.34325 of 2024)
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance
of a Writ of Mandamus, directing the respondents to count the petitioners full service
from the date of their appointment till the date of their retirement for the purpose of
payment of full pension and count the service rendered on part time basis from the date
of joining till the date of regularization towards the payment of pension, DCRG and
other terminal benefits which is payable to the government service on attaining the age
of retirement.
For Petitioners : Mr.V.Govardhanan
For Respondents : Mrs.V.Yamuna Devi
Special Government Pleader
for R1, R3 to R5
Ms.Hema Murali Krishnan
Standing Counsel for R2
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ORDER
The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai is
suo motu added as the 6th respondent in this writ petition.
2.This writ petition has been filed for issue of writ of mandamus directing the
respondents to count the service of the petitioners from the date of their initial
appointment till the date of retirement for the purpose of payment of pension and for all
other attendant benefits.
3.The case of the petitioners is that they were engaged as part time Village
Assistants initially. The particulars of the appointment of the petitioners and their
service details are tabulated hereunder:
S.No Name and age Date of initial Date of Date of Date of
of the engagement of appointment promotion Retirement
petitioners part time on regular
Village basis
Assistant
1 Dharumaiyan 11.12.1984 01.06.1995 07.09.2016 31.07.2022
2 Mathiyazhagan 02.01.1984 01.06.1995 18.11.2016 31.10.2022
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4.The grievance of the petitioners that the services rendered by them on part time
basis from the date of joining till the date of regularization was not taken into
consideration for the purpose of pension. The representations made by the petitioners in
this regard was also not considered. It is under these circumstances, the present writ
petition has been filed before this Court seeking for appropriate directions.
5.Heard Mr.V.Govardhanan, learned counsel appearing on behalf of the
petitioners, Mrs.V.Yamuna Devi, learned Special Government Pleader appearing on
behalf of respondents 1, 3 to 5 and Ms.Hema Murali Krishnan, learned Standing
Counsel appearing on behalf of the 2nd respondent.
6.The issue that is involved in the present writ petition is squarely covered by the
Full Bench judgment of this Court in The Government of Tamil Nadu Rep. by
Secretary to Government, Public Works Department, Secretariat, Chennai vs.
R.Kaliyamoorthy reported in 2019 6 CTC 705. The relevant portions are extracted
hereunder:
45. In the light of the above, we answer the reference as follows:
(i) Those, who are freshly appointed on or after 1.4.2003 are not
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entitled to Pension in view of Proviso to Rule 2 of Tamil Nadu Pension
Rules, 1978 inserted by G.O.Ms. No.259, dated 6.8.2003
(ii) Those Government servants/Employees appointed prior to
1.4.2003 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 1.4.2003, 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
1.4.2003 and absorbed into Regular service after 1.4.2003 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 1.4.2003 but were absorbed in Regular
service after 1.4.2003 will not be entitled to count half of their past service
for the purpose of determination of qualifying service for Pension."
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7.The above judgment was subsequently relied upon by the learned Single Judge
of this Court in W.P.Nos.18734 of 2020 etc., dated 18.03.2024. The relevant portions
are extracted hereunder:
35. In view of the above discussions these batch of writ petitions are
disposed with the following observation and directions:
(i) Those who lost their job on 14.11.1980 and who never got re
employment were given with a special pension with effect from 05.12.1986.
Hence, there is no question of granting any further relief for them than
what has already been granted.
(ii) For those village assistants whose services have been
regularised as on 01.06.1995 but continued to be in service, till retirement,
half of their past services shall be included along with the whole of their
services rendered subsequent to their regularisation till retirement and
computed as qualifying years of service for the purpose of pensionary
benefit.
(iii) The respondents are directed to consider the representations of
all those petitioners who are qualified as above (ii), for inclusion of 50%
of their past services for the purpose of pensionary benefits and pass
revised orders for sanctioning and disbursing the same within a period of
8 weeks from the date of receipt of the copy of this order.
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(iv) No costs. Consequently, the connected miscellaneous petitions
are closed.
8.In view of the above, the representations made by the petitioners shall be dealt
with in line with the above judgments and appropriate orders shall be passed. The
petitioners are directed to make fresh individual representations to the impleaded 6th
respondent along with all the particulars and the relevant documents. The copy of the
order shall also be annexed with the representations. The copy of the representations
shall also be marked to respondents 3 to 5. The impleaded 6th respondent shall pass final
orders in the light of the above observations made by this Court and in line with the
above judgments relied upon by this Court, within a period of eight weeks from the date
of receipt of copy of this order.
9.This writ petition is disposed of with the above directions. No Costs.
Consequently, connected miscellaneous petition is closed.
27.09.2024
Internet : Yes / No
Index : Yes / No
Speaking Order / Non Speaking Order
ssr
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N. ANAND VENKATESH, J.
ssr
To
1.The Secretary to Government,
Government of Tamil Nadu,
Revenue Department,
Fort St. George, Chennai – 600 009.
2.The Principal Accountant General (A & E),
O/o. the Principal Accountant General (A & E),
No.361, Anna Salai, Teynampet, Chennai – 600 018.
3.The Revenue Divisional Officer,
Revenue Divisional Office,
Mayiladuthurai, Mayiladuthurai District.
4.The Tahsildar,
The Tahsildar Office,
Thiruthuraipoondi Taluk, Thiruvarur District.
5.The Tahsildar,
The Tahsildar Office,
Mayiladuthurai Taluk, Mayiladuthurai District.
6.The Commissioner of Revenue Administration,
Eshilagam, Chepauk, Chennai.
27.09.2024
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