Allowed

K.Anjapuli, v. the State of Tamil Nadu

Madras HC12 Sept 2014WP/8124/2014

Case brief

AI extract

What is this about?

The High Court allowed the writ petition, directing the Forest Department to count half of the petitioner's daily wage service alongside his regular service for pension eligibility, relying on Supreme Court precedents and Government Orders regarding daily-rated workers.

What did the court decide?

Direction to respondents 1 to 3 to count 50% of daily wage service as qualifying service for pension and submit revised proposal to the Accountant General within eight weeks.

K.Anjapuli, Vs the State of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 12.09.2014

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CORAM

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THE HON'BLE MR.JUSTICE R.S.RAMANATHAN

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W.P.No.8124 of 2014

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K.Anjapuli ... Petitioner

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Vs. 1.The State of Tamil Nadu Rep. by its Secretary to Government Environment and Forest Department Fort St. George Chennai - 9 2.The Principal Chief Conservator of Forest Panagal Building Saidapet Chennai - 15 3.The Forestry Extension Officer Forestry Extension Center Neyveli Cuddalore District 4.The Principal Accountant General of Tamil Nadu Teynampet Chennai - 18 ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 to 3 to count half of the service rendered by the petitioner as Plot Watcher on temporary basis from 01.10.1980 till 31.07.2007 along with the regular service rendered by the petitioner as Mali from 01.08.2007 till the date of his retirement in 31.07.2013 as qualifying service for the purpose of conferment of pension and to direct the respondents to send the pension proposal to the fourth respondent as per Rule 11(2) of the Tamil Nadu Pension Rules.

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For Petitioner : Ms.K.Jenitha For Respondents 1 to 3 : Mr.N.Inbanathan Govt. Advocate (Forest) For Respondent -4 : Mr.V.Vijay Shankar

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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The prayer in the Writ Petition is for issuance of a Writ, in the nature of Mandamus, to direct the respondents-Forest Department, to take into account half of the services rendered by the petitioner on daily wage basis along with regular services rendered by him till the date of his retirement, as qualifying service, for the purpose of granting pensionary benefits, and other consequential benefits to him.

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I have abbreviated the narration of the case, restricting it only to the relevant details :-

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i) The petitioner has joined in the Office of the respondentForest Department, as Plot Watcher on 01.10.1980, on daily rated basis and worked for a considerable period. In the respondentForest Department, number of persons came to be engaged only on daily rated basis and to rehabilitate them permanently, a policy decision was taken by the Government, in the year, 1999, to bring all the daily wage workers into regular time scale of pay and to confer them all consequential benefits, on the basis of their seniority in the respective category of posts by drawing a State Wide Seniority List. In the said List, the persons, who were engaged on daily wage basis throughout Tamil Nadu, were included as per the date of their initial appointment, wherein, the petitioner name was also found place.

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ii) Though, after a long time, the petitioner was brought into regular time scale of pay, and his services were also regularised, he was not able to reap the pensionary benefits, for the reason that, he did not put in the requisite number of years of services while discharging his service on regular basis. According to the petitioner, he has rendered service for a considerable length of period, and as the services rendered by him on regular basis alone was taken into consideration by the Government, for the grant of pensionary benefits, and the services rendered by him on daily rated basis was given a go-by, he was unable to relish the pensionary benefits, which the Government has intended to grant by taking the aforesaid Policy decision. It is also pointed out by the petitioner that, even before an employee, who joined the service of the Forest Department, could get his turn for regularization of his service, as per the State Wide Seniority List, he is either getting retired on attaining the age of superannuation or expires.

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iii) Therefore, seeking redressal, umpteen number of representations were made by the grieved employees to the Government, inter alia, stating that even though employees were engaged to work in the Forest Department for a long number of years on daily wage basis, on their date of retirement, they could not even get a minimum pension after their retirement and hence, the services rendered by them on daily rated basis has to be taken into https://hcservices.ecourts.gov.in/hcservices/ account along with the services rendered by them on regular basis,

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so as to enable them to get pensionary benefits. One such representation made by an employee, by name Murugan, who was employed as Plot Watcher in the respondent-Forest Department, was considered by the Government, and the Government issued an order, dated 19.11.2008, in G.O.(D) No.332, Environment and Forest Department, ordering to count half of the services rendered by him on daily wage basis for the purpose of getting pension.

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iv) Following the said Government Order, dated 19.11.2008, the similarly placed persons like Murugan, made representations to the Government, requesting to treat them on par with said Murugan, by extending the benefits granted to the said Murugan, by taking into account 50% of the services rendered by them on daily wage basis along with regular service, as qualifying service, so as to enable them to get pension. Hence, the Government, by order, dated 25.08.2009, issued in G.O.Ms.No.408 Finance (Pension) Department, fixed a cut-off date as “01.04.2003”, for the purpose of computing half of the service rendered in the non-provincialised establishment for conferring pension. But, by virtue of the latter Government Order, dated 25.08.2009, the employees, who retired before 01.04.2003, alone were benefited, and those who retired after 01.04.2003, were again placed in tenterhook.

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v) Hence, the aggrieved employees again made representations to the Government for lifting the cut-off date i.e. 01.04.2003, as a condition precedent for counting half of the services rendered by the employees on daily rated basis, as the cut-off date fixed by the Government remained as stumbling block for getting pensionary benefits. Heeding to the request of the employees, the Government has passed a clarification order, dated 13.10.2009, whereby, it was ordered that de hors the cut-off date date, half of the services rendered by the employees on daily wage basis will be taken into account for the purpose of conferring pension. Therefore, as per the clarification issued by the Government, on 13.10.2009, the petitioner is entitled to get pensionary benefits. Therefore, the petitioner, by placing reliance on the aforesaid Government Order, made representation to the respondent-Forest Department for taking into account half of the services rendered by him on daily wage basis along with regular services till the date of his retirement, as qualifying service, for the purpose of getting pensionary benefits, and other consequential benefits. As the said representation evoked no response, the present Writ Petition is filed, for the relief, as stated above.

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At the outset, the learned counsel appearing for the petitioner has submitted that the issue involved in the writ petition is no longer res integra, as a similarly placed person filed W.P. No. 8205 of 2011, seeking to count half of the service rendered by him on daily wages basis along with regular service for conferment of pension. The said Writ Petition was allowed by this Court, by order dated 19.04.2011, which was also confirmed by the https://hcservices.ecourts.gov.in/hcservices/ Hon'ble Division Bench of this Court, by judgment dated 13.02.2012,

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passed in W.A. Nos. 27 & 28 of 2012, and the same was also affirmed by the Hon'ble Supreme Court, by order dated 10.05.2012, passed in Special Leave Petitions, viz, in SLP (C) Nos. 14838 to 14839 of 2012 and 16119 to 16120 of 2012, and the Revision Petition (C) No.1418 of 2013, filed against the said order, dated 10.05.2012, was also dismissed by the Hon'ble Supreme Court, by order, dated 30.07.2013, and the order was also implemented by the Government by issuing G.O.Ms. No.183 Environment and Forest Department dated 18.07.2012. Therefore, the learned counsel prayed for allowing the Writ Petition.

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The learned Government Advocate appearing for the respondent-Forest Department, has fairly conceded that the issue involved in the Writ Petition is covered by the order, dated 19.04.2011, made in W.P. No. 8205 of 2011, relied upon by the learned counsel appearing for the petitioner.

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Thus, in the light of the order, dated 19.04.2011, passed in W.P. No. 8205 of 2011, the present Writ Petition is also allowed on the same lines, viz., directing the respondents 1 to 3 to count half of the service rendered by the petitioner as Plot Watcher on daily wages basis along with regular service rendered by him till the date of his retirement, as qualifying service and send revised proposal to the Accountant General, Teynampet, Chennai, within a period of eight weeks from the date of receipt of a copy of this order and the Accountant General, is directed to consider the same and pass orders within a period of six thereafter. No costs.

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Sd/Assistant Registrar(CS-II) Dated: 09.10.2014 //True Copy// Sub Assistant Registrar asr To 1.The Secretary to Government of Tamil Nadu Environment and Forest Department Fort St. George Chennai - 9 2.The Principal Chief Conservator of Forest Panagal Building Saidapet Chennai - 15

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https://hcservices.ecourts.gov.in/hcservices/

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3.The Forestry Extension Officer Forestry Extension Center Ulundurpet Villupuram District

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4.The Principal Accountant General of Tamil Nadu Teynampet Chennai - 18

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+1cc to M/s.K.Jenitha, Advocate Sr 43764 +1cc to Spl. Govt. Pleader Sr 43790

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AD(CO) km/9.10. W.P.No.8124 OF 2014

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https://hcservices.ecourts.gov.in/hcservices/