Madras High Court
M.Ganesan vs The State Of Tamil Nadu on 20 February, 2025
Author: R.Subramanian
Bench: R.Subramanian
2025:MHC:503
W.P.No.27133 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No.27133 of 2024
M.Ganesan,
Plot No.107, Third Street,
Padmavathi Nagar,
Madambakkam Post,
Chennai - 600 126. ... Petitioner
versus
1.The State of Tamil Nadu,
Represented by its
Principal Secretary to Government,
Finance Department,
Secretariat, Chennai - 600 009.
2.The Pension Pay Officer,
Prof.K.Anbalagan Maligai (Ground Floor),
571, Anna Salai,
Chennai - 600 035.
3.The Registrar General,
High Court of Madras,
Chennai - 600 104. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Certiorarified Mandamus, calling for the records
of the second respondent in RC No.23552/A1/2022 dated 23.01.2023 and
other connected records and that of the first respondent relating to the
1/11
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W.P.No.27133 of 2024
petitioner's representation dated 10.04.2024 and direct the first respondent
to issue necessary instructions to the second respondent to pay the arrears of
additional pension to the petitioner @ 20% from 01.07.2019 to 30.06.2020
as requested by the petitioner in his letter dated 31.08.2022.
For Petitioner : Mr.K.M.Ramesh
Senior Counsel
for Ms.J.Sathyavathi
For Respondents : Mr.Azizulla Khan
Government Advocate - R1 & R2
Mr.Kaithamalai Kumaran - R3
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.)
The petitioner is aggrieved by the rejection of his request for grant of
additional pension as provided under G.O.42, Finance (Pension)
Department, dated 7th February, 2011 from the date on which he attained the
age of 80 / completed the age of 79.
2. G.O.42, Finance (Pension) Department, dated 7th February,
2011, sanctioned of additional pension / additional family pension to those
pensioners, who had reached a particular age. Paragraph no.2 of the said
Government Order reads as follows:-
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“2. Accordingly, the Government sanction an additional quantum of
Pension /Family Pension to the Pensioners / Family Pensioners
aged 80 years and above as follows:
SI. Age of Pensioner / Additional Pension/
No. Family Pensioner Additional Family Pension
1 From 80 years to 84 years 20% on Basic Pension /
Family Pension
2 From 85 years to 89 years 30% on Basic Pension /
Family Pension
3 From 90 years to 94 years 40% on Basic Pension /
Family Pension
4 From 95 years to 99 years 50% on Basic Pension /
Family Pension
5 100 years and above 100% on Basic Pension /
Family Pension
3. In paragraph no.3 of the said Government Order, the procedure
for payment was prescribed as follows:-
SI. No. Procedure
1 The amount of additional Pension / additional Family
Pension shall be shown distinctly.
2 Additional pension / additional Family Pension shall be
taken into account for calculation of Dearness allowance.
3 Additional Pension / additional Family Pension shall be
sanctioned with monetary benefit from 1.1.2011.
4 Additional Pension / additional Family Pension to the
Pensioner /Family Pensioner shall be sanctioned from
the first day of the month in which he / she completes the
age of 80/85/90/95/100 years or from 1.1.2011, whichever
is later.
4. Subsequently, G.O.(Ms.)No.313, Finance (Pay Cell)
Department, dated 25th October, 2017 was issued revising the pension /
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family pension and retirement benefits. The said Government Order also
reiterated the payment of additional pension to pensioners, who had reached
the age of 80. Paragraph no.20 of the said Government Order deals with the
additional pension and it reads as follows:-
“ ADDITIONAL PENSION / FAMILY PENSION
20.(1) The quantum of additional pension/family pension shall
continue to be as specified in the table given below:-
S1. Age of Pensioner / Additional quantum of
No. Family Pensioner pension/family pension
[1] [2] [3]
1. From 80 years to 84 years 20% of revised pension /family
pension
2. From 85 years to 89 years 30% of revised pension /family
pension
3. From 90 years to 94 years 40% of revised pension /family
pension
4. From 95 years to 99 years 50% of revised pension /family
pension
5. 100 years or more 100% of revised pension /family
pension
(2) The Pension Disbursement Authorities shall ensure that the date
of birth and the age of the pensioners/family pensioners is invariably
indicated in PPO (issued by Principal Accountant General
(Accounts and Entitlement), Tamil Nadu and the pension payment
order to facilitate payment of additional pension/family pension by
them as soon as it becomes due. If the requisite information is not
available in the Pension Payment Order (PPO), in those cases the
requisite information may be obtained from the Pensioners / Family
Pensioners before adding the additional pension/family pension in
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the existing pension/family pension. The amount of additional
pension/family pension shall be shown distinctly in the
pension/family pension payment order.
Illustration:- In case where a pensioner/family pensioner is more
than 80 years of age and his pension/family pension is Rs.10,000/-
per month, the pension/family pension shall be shown as (i) pension
/ family pension = Rs. 10,000/- and (ii) additional pension /family
pension = Rs.2,000/- per month. The pension /family pension on his
attaining the age of 85 years shall be shown as (i) Pension/ family
pension = Rs. 10,000/- and additional pension / family pension =
Rs.3,000/- per month.
(3) The additional pension/family pension on attaining the age of 80
years and above shall be admissible from the first day of the month
in which his date of birth falls.
Illustration:-:- If a pensioner/family pensioner completes age of 80
years on any date in the month of July 2016, he shall become
entitled to additional pension/family pension with effect from the
1st July, 2016.
(4) Dearness allowance shall also be admissible on the additional
pension/family pension in accordance with the orders issued by the
Government from time to time.”
5. A clarificatory letter was also issued by the Government on
19.05.2017, wherein the entitlement was clarified as follows:-
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“3. The following clarification is issued to Sl.no.4 in para-3 of the
GO 1stcited based on the GOI clarification issued in the reference
second cited:-
“The additional quantum of pension / family pension to
Pensioner/Family Pensioner on attaining the age of 80/85/90/95/100
years, would be admissible from the 1st day of the month in which
his/her date of birth falls. For example, if a pensioner/family
pensioner completes the age of 80 years in the month of August,
2008, he/she will be entitled to additional pension/additional family
pension w.e.f. 1.8.2008. Those pensioners/family pensioners, whose
date of birth is 1st August, will also be entitled to additional
pension/additional family pension w.e.f. 1.8.2008 on attaining the
age of 80 years and above.”
6. Having set out the relevant Government Orders, we will now
deal with the case of the petitioner. The petitioner was born on 01.07.1940
and he completed the age of 80 on 01.07.2020. There is no dispute that he
was sanctioned additional pension with effect from July, 2020 as per the
Government Orders and the clarificatory letter.
7. The petitioner would claim that he should be sanctioned
additional pension at 20% from the date on which he reached the age of 80
i.e., on 01.07.2019. This request was rejected by the Government on the
ground that as per the existing Government Orders, additional pension is
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allowed only on completion of 80 years and not on reaching 80 years. This
order is the subject matter of challenge in the writ petition.
8. Mr.K.M.Ramesh, learned Senior Counsel for the petitioner
would rely upon the judgment of the Gauhati High Court in Virendra Dutt
Gyani Vs. The Union of India [W.P(C)No.4224 of 2016 dated 15.03.2018]
to contend that under similar circumstances, the Gauhati High Court has
concluded that when additional pension is allowed from 80 years, that
should be granted from the day on which the pensioner reaches the age viz.
age of 80 / on completion of 79 years.
9. The Gauhati High Court had dealt with the “High Court and
Supreme Court Judges (Salaries and Conditions of Service) Amendment
Act, 2009” wherein Section 17B was introduced. Interpreting Section 17B
of the Act, the Division Bench of the Gauhati High Court had come to a
conclusion that the term “from 80 years to less than 85 years” would only
mean that the pensioner will be entitled to additional pension from the date
on which he reaches the age of 80.
10. We have no quarrel with the conclusion of the Division Bench
of the Gauhati High Court inasmuch as this based on an interpretation of
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Section 17B of “High Court and Supreme Court Judges (Salaries and
Conditions of Service) Amendment Act, 2009”.
11. The case on hand is a little different. The original Government
Order which sanctioned additional pension at 20% is G.O.No.42 dated 7 th
February, 2011. Paragraph no.2 of the said Government Order which was
already extracted prescribes the age limit and the quantum of additional
pension. Paragraph no.3 lays down the procedure.
12. Clause 4 of para 3 which we have already highlighted makes it
clear that additional pension is payable only from the first day of the month
in which the pensioner completes the age of 80 / 85 / 90 / 95 /100 years or
from 01.01.2011, whichever is later. Even in G.O.(Ms.)No.313 dated 25th
October 2017, an illustration is appended which goes to show that the
intention was to confer the benefit upon completion of 80 years or 85 years
as the case may be and not upon reaching 80 years or 85 years.
13. Mr.K.M.Ramesh, learned Senior Counsel for the petitioner
would also draw our attention to a judgment of the learned single Judge of
this Court made in W.P.(MD)No.13264 of 2022 dated 22.07.2022. We find
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that the learned single Judge has, based on G.O.(Ms.)No.313, arrived at a
conclusion that the additional pension would be payable from the date on
which the pensioner reaches 80 years.
14. With due respect to the learned Judge, we are unable to go with
the said conclusion inasmuch as it does not take into account G.O.No.42 or
the illustration given in G.O.(Ms.)No. 313 itself. The attention of the Court
was not shown to the clarificatory letter dated 19.05.2017.
15. We therefore conclude that on the language of the Government
Orders issued, it is clear that the intention of the Government was to grant
additional pension only upon completion of an age limit and not on reaching
that age.
16. Hence, the Writ Petition fails and it is accordingly dismissed.
No costs.
(R.S.M., J.) (G.A.M., J.)
20.02.2025
Speaking order
Index : Yes
Neutral Citation : Yes
sri
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To
1.The Principal Secretary,
Government of Tamil Nadu,
Finance Department,
Secretariat, Chennai - 600 009.
2.The Pension Pay Officer,
Prof.K.Anbalagan Maligai (Ground Floor),
571, Anna Salai,
Chennai - 600 035.
3.The Registrar General,
High Court of Madras,
Chennai - 600 104.
https://www.mhc.tn.gov.in/judis
R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
sri
20.02.2025
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