The High Court dismissed a writ petition seeking family pension for the wife of a deceased rural welfare officer. The court upheld the rejection based on the Tamil Nadu Pension Rules, 1978, finding the employee's service was regularized after the eligibility cut-off date.
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.
W.P.No.1409 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2022
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.1409 of 2015
V.Gandhimathi
...Petitioner
-Vs-
Panagal Buildings,
Chennai - 600 015.
4.The Collector, Kancheepuram, Kancheepuram District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records
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relating to the impugned order of the second respondent in Pen 34/1/13402405/13-14 dated 18.12.2013, quash the same and direct the respondents to count the service rendered by the petitioner's husband Mr.C.Venkatesan in the post of Panchayat Clerk/Panchayat Assistant from 09.05.1984 to 02.06.2005 along with the service rendered by him in the post of Junior Assistant and RWO-I from 03.06.2005 to 28.09.2012 and grant her family pension and other retirement benefits.
For Petitioner : Mr.P.Manoj Kumar For R1, R3 & R4 : Mr.L.S.M.Hazan Fizal Addl. Government Pleader For R2 : Mrs.Hema Muralikrishnan
ORDER
The order of rejection, rejecting the claim of the petitioner for grant of family pension under the Old Pension Scheme (Tamil Nadu Pension Rules, 1978), is under challenge in the present writ petition.
28.09.2012 while in service as Rural Welfare Officer-I. Consequent to the death of her husband, the petitioner submitted an application for grant of family pension. The respondents rejected the application on the ground that
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the petitioner is not eligible under the provisions of the Tamil Nadu Pension Rules, 1978. The reason stated for rejection is that the service of the deceased employee was regularized, after the cut-off date, i.e. 01.04.2003 and therefore, the family pension cannot be granted.
"The service rendered by the Petitioner's husband Late C.Venkatesan from 09.05.1984 to 31.12.1990 was purely part time and the consolidated remuneration was paid by the local body which comes under non provincialized establishment and which did not involve full time employment and the subsequent service rendered by the Petitioner's husband Late C.Venkatesan w.e.f. 01.01.1991 to 02.06.2005 was under non pensionable establishment had no standardized time scale of pay. The claims of the petitioner to count the 50% of the service from 09.05.1984 to 02.06.2005 could not be taken into account for calculation of pension and subsequently the petitioner's husband Late C.Venkatesan in the post of Junior Assistant in the regular time scale i.e. from 03.06.2005 to 28.09.2012 is less than 10 years which is
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not eligible for sanction of pension as per Tamilnadu Pension Rules, 1978 and therefore the family pension and pensionary benefit cannot be granted to the petitioner."
appointed as a part time employee and his services were regularized after 01.04.2003, the petitioner is not eligible for family pension under the provisions of Tamil Nadu Pension Rules, 1978.
impugned order. Accordingly, the Writ Petition stands dismissed. No costs.
08.07.2022
Index:Yes Internet:Yes Speaking order/Non-speaking order hvk
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To
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S.M.SUBRAMANIAM, J.
hvk
W.P.No.1409 of 2015
08.07.2022
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2 issues framed by the court
Whether the petitioner is eligible for family pension when the deceased employee was regularized after the cut-off date of 01.04.2003.
Whether the order rejecting the claim for family pension under the Tamil Nadu Pension Rules, 1978 is infirm.
2 provisions across 2 enactments
Gandhimathi
Principal Secretary to Government, Rural Development and Panchayat Department
Principal Accountant General
Director of Rural Development and Panchayats
Collector, Kancheepuram
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
