Petitioners seeking pension for NMRS regularized on 23.02.2006 claim 50% count of pre-regularisation service. Court applies Full Bench precedent excluding those absorbed post-01.04.2003.
Application for allotment of GPF account and 50% service count dismissed. No cost.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2020
CORAM :
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P. No.19471 of 2015
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to allot GPF Account Number for grant of pension to the petitioners under the Tamil Nadu Pension Rules 1978 (old pension scheme) by counting 50% of the services rendered by them prior to their respective date of regularisation.
For Petitioners : Mr.R.Prem Narayanan
For Respondents : Mr.S.Thangavel Spl. Government Pleader– R1 & R3
Ms.K.Bhuvaneswari – R2
O R D E R
This Writ Petition has been filed to direct the respondents to allot GPF Account Number for grant of pension to the petitioners under the Tamil Nadu Pension Rules 1978 (old pension scheme) by counting 50% of the services rendered by them prior to their respective date of regularisation.
others Vs. R.Kaliyamoorthy reported in 2019 (5) L.W. 673 wherein the the Division of this Court had dealt on the issue of determination of qualifying services as per Rule 11 (4) of Tamilnadu Pension Rules for taking into consideration half of the service rendered in non provincialised services, consolidated pay, honorarium or daily wage basis and the relevant portion of Full Bench Judgment reads as follows :
i) Those who are freshly appointed on or after 01.04.2003 are not entitled to pension in view of W.A.No.158 of 2016 etc., batch proviso to Rule 2 of Tamil Nadu Pension Rules, 1978 inserted by G.O.Ms.No.259 dated 06.08.2003
(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 W.A.No.158 of 2016 etc., batch 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 of their past service for the purpose of determination of qualifying service for pension."
after 01.04.2003, in view of the decision of the Full Bench Judgment of this Court cited supra, the writ petitioners are not entitled to count half of their past service for the purpose of determination of qualifying service for pension and hence, the relief sought by the writ petitioners cannot be granted.
Sd/-
Assistant Registrar (Writs)
//True Copy//
Sub Assistant Registrar
vrc
To
1. The Secretary to Government,
Municipal Administration & Water supply Department,
Fort St. George, Chennai – 600 001.
2. The Commissioner,
Salem Corporation,
Salem.
3. The Director of Local Fund Audit,
Kuralagam, Chennai – 600 108.
+1cc to Mr.R.Prem Narayan, Advocate S.R.No.14450.
+1cc to the Government Pleader, S.R.No.14651.
W.P. No.19471 of 2015
SVI (CO) VSI-2(28.05.2020)
3 issues framed by the court
Whether petitioners regularised after 01.04.2003 are entitled to count 50% of pre-regularisation service for pension?
Whether Rule 11(4) of Tamil Nadu Pension Rules, 1978 mandates concession for petitioners' case?
Whether petitioners fall under category (v) of the Full Bench Judgment in Kaliyamoorthy?
Colour shows how this judgement treated each authority
Government of Tamilnadu and others v. R. KaliyamoorthyFollowed¶20
The Government of Tamilnadu and others Vs. R.Kaliyamoorthy, 2019 (5) L.W. 673
3 provisions across 2 enactments
Mr.R.Radha and others
The Secretary to Government, Municipal Administration & Water supply Department
The Commissioner, Salem Corporation
The Director of Local Fund Audit
D. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
