Madras High Court

The State Of Tamil Nadu vs V.Kanakaraj on 8 July, 2025

Author: R. Subramanian

Bench: R. Subramanian

                                                                                           W.A.No.1300 of 2025



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 08.07.2025

                                                        CORAM :

                                  THE HONOURABLE MR.JUSTICE R. SUBRAMANIAN
                                                    AND
                                    THE HONOURABLE MR.JUSTICE K. SURENDER

                                              W.A.No.1300 of 2025

                     1. The State of Tamil Nadu
                        Rep. By its Secretary
                        Public Works Department
                        Fort St. George, Chennai – 600 009.

                     2. The Chief Engineer (General) & Engineer in Chief
                        Public Works Department, Chepauk
                        Chennai – 600 005.

                     3. The Assistant Executive Engineer
                        PWD/WRO, Marudaiyaru Basin Sub-Division
                        Ariyalur.                               ..                           Appellants

                                                             Vs.

                     1. V.Kanakaraj
                     2. R.Ganesan
                     3. V.Ramanathan
                     4. A.John Tamiz Maran
                     5. R.Mathiazhagan
                     6. K.Uma
                     7. Anbarasan
                     8. P.Thangavelu
                     9. S.Subramanian
                     10. Sarprasatham

                     11. The Principal Accountant General
                         (Accounts and Entitlement)
                         No.361, Anna Salai
                         Chennai – 600 018.                                           ..     Respondents



                     Page 1 of 6



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                                                                                            W.A.No.1300 of 2025



                     Prayer: Appeal filed under Clause 15 of the Letters Patent, against
                     the order made in W.P.No.23743 of 2011 dated 18.12.2023.

                                  For the Appellants         : Mr.T.Chandrasekaran
                                                               Special Government Pleader

                                  For the Respondents        : Mr.L.Chandrakumar
                                                               for R1 to R10

                                                    JUDGMENT

(Judgment of the Court was made by R. SUBRAMANIAN, J.)

Challenge is to the order made in W.P.No.23743 of 2011

dated 18.12.2023.

2. The issue relates to the claim of pension by temporary

employees who were regularized subsequently. This issue is

governed by the decision of the Full Bench in the case of

Government of Tamil Nadu and Ors. vs R.Kaliyamoorthy,

where, the Full Bench had issued the following directions regarding

entitlement to pension:

“45. 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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(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

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of their past service for the purpose of determination of qualifying service for pension.”

3. The learned Single Judge had only followed the judgment of

the Full Bench and directed that the petitioners 2,4,5 and 10, who

have completed 10 years of service prior to 01.04.2003 alone would

be entitled to the benefits. As regards others, the writ petition has

been dismissed.

4. Mr.T.Chandrasekaran, learned Special Government Pleader

appearing for the appellants would vehemently contend that since

the Government Order in question, namely G.O.Ms.No.334 dated

19.10.2007 was issued only in the year 2007, dehors regularization,

these respondents should be treated as having been appointed to

regular service only on 19.10.2007 and therefore, they would not

be entitled to pension.

5. This contention of the learned Special Government Pleader

is against the dictum of the Full Bench of this Court referred to

supra.

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6. We have extracted the directions of the Full Bench. We find

that the private respondents herein would fall within Clause (ii) of

the directions issued by the Full Bench. Hence, we see no merits in

the appeal. The appeal fails and is accordingly, dismissed. However,

there shall be no order as to costs. Consequently, C.M.P.No.9867 of

2025 is closed.

                                                                            (R.S.M., J.)         (K.S., J)
                                                                                       08.07.2025

Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No Neutral Citation:Yes/No

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