Allowed

V.govindarajan, v. Government of Tamil Nadu

Madras HC23 Apr 2015WP/10140/2015

Case brief

AI extract

What is this about?

The High Court of Madras granted a writ of Mandamus directing the Government to count 50% of the petitioner's casual labour service for pension purposes, relying on a prior judgment and Rule 11(2) of the Tamil Nadu Pension Rules, 1978.

What did the court decide?

Directing the first respondent to count half of the petitioner's service as Casual Labourer from 01.08.1989 to 15.05.2006 along with regular service for pension purposes.

V.govindarajan, Vs Government of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 23.04.2015

¶3

CORAM:

¶4

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN

¶5

Writ Petition No.10140 of 2015

¶6

V.Govindarajan ... Petitioner

¶7

vs. 1.Government of Tamil Nadu, Represented by Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Chennai - 600 009. 2.The Registrar, Tamil Nadu Veterinary and Animal Sciences University, Madhavaram Milk Colony, Chennai - 600 051. 3.The Dean, Madras Veterinary College, Chennai - 600 007. ... Respondents

¶8

Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus, directing the first respondent to pass orders for counting half of the services of the petitioner as Casual Labourer from 01.08.1989 to 15.05.2006 on daily wage basis along with his regular service as Attendant from 16.05.2006 till the date of his superannuation 30.04.2028 AN for reckoning the total qualifying service for pension and to sanction pensionary benefits to him on that basis.

¶9

For Petitioner : Mr.M.Ravi For Respondents : Mr.V.Jayaprakash Narayanan Spl.Govt.Pleader for R1 Mr.V.Gangatharan for R2

¶10

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

¶11

O R D E R

¶12

The petitioner was appointed as Casual Labourer (NMR) in the Department of Animal Bio Technology, Madras Veterinary College, Chennai on daily wage basis from 01.08.1989. His services were regularised vide order dated 12.05.2006 and was granted scale of pay of Rs.2550-3200 in the post of Attender. The petitioner has come up with this writ petition seeking for a direction to the first respondent to count half of the service rendered by him as Casual Labourer from 01.08.1989 to 15.05.2006 on daily wage basis along with his regular service as Attender from 16.05.2006 till the date of his superannuation on 30.04.2028 AN for reckoning the total qualifying service for pension and to sanction pensionary benefits to him.

¶13

As per Rule 11(2) of the Tamil Nadu Pension Rules, 1978, 50% of the contingency services will be taken into account for the purpose of pension, if the employee is subsequently absorbed in regular service. This Court had passed various orders on the above lines, and one such order was made in W.P.No.33732 of 2014 dated 19.12.2014 [R.Yuvaraj v. Government of Tamil Nadu, Rep. by Secretary to Government], wherein, this Court directed the respondents therein to count half of the service of the petitioner therein as Casual Labourer along with regular service for the purpose of pension. The respondents therein are the respondents herein also. The order dated 19.12.2014 in the said W.P.No.33732 of 2014 is implemented by the Tamil Nadu Veterinary and Animal Sciences University by order dated 24.02.2015.

¶14

In these circumstances, the writ petition is disposed of, directing the first respondent to count half of the service of the petitioner as Casual Labourer from 01.08.1989 to 15.05.2006 along with his regular service as Attender from 16.05.2006 till the date of his superannuation for the purpose of pension, if he is otherwise not disqualified to receive pension. No costs.

¶15

Assistant Registrar(CS V)

¶16

//True Copy// Sub Assistant Registrar

¶17

svki

¶18

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

¶19

¶20

1.The Secretary to Government,
Animal Husbandry, Dairying and Fisheries Department,
Chennai - 600 009.
2.The Registrar,
Tamil Nadu Veterinary and Animal Sciences University,
Madhavaram Milk Colony,
Chennai - 600 051.
3.The Dean,
Madras Veterinary College,
Chennai - 600 007.
+1cc to Mr.M.Ravi, Advocate, S.R.No.22793
+1cc to Mr.V.Gangatharan, Advocate, S.R.No.22371
+1cc to the Government Pleader, S.R.No.22501
Writ Petition No.10140 of 2015
VD(CO)
CA(13/05/2015)

¶21

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

V.govindarajan, v. Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

V.govindarajan, v. Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Siddhan Vs The Special District Revenue

Palayan Vs The Inspector of Police

K.Dharuman Vs The District Collector

Mrs. R.D.Rajathi, Vs the Deputy Inspector General

M.Alagu Tamil Vs The District Collector

K.Kattiyan Vs the Secretary to Government