Allowed

M.Subramaniyam v. The Government of Tamil Nadu

Madras HC4 Jul 2022WP/14896/2018

Case brief

AI extract

What is this about?

The High Court of Madras held that the petitioner, who lost the Village Karnam post and was reappointed as Village Administrative Officer, was equally entitled to minimum pension calculated from the original eligibility date of 1980. The Court directed retrospective payment of arrears from retirement date in 2007 despite the 2017 Government Order.

What did the court decide?

Respondents directed to pay minimum pension arrears from 31.08.2007 to 07.09.2017 and continue future payments in accordance with G.O.Ms.No.282/2017 within eight weeks.

M.Subramaniyam Vs The Government of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2022)

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W.P.No.14896 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.07.2022

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CORAM :

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THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

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Writ Petition No.14896 of 2018

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M.Subramaniyam …. Petitioner

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-Vs-

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1.The Government of Tamil Nadu rep.by its Secretary to Government Revenue Department, Secretariat Chennai 600 009.

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2.The District Collector Krishnagiri District.

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3.The Tahsildar Denkanikottai Taluk Krishnagiri. …. Respondents

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Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to provide minimum pension to the petitioner in the post of Village Administrative Officer from the date of petitioner's retirement (31.08.2007) by considering his representations dated 09.06.2018 within a period that may be stipulated by this Court.

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For Petitioner : Mr.M.P.Saravanan For Respondents : Mr.R.U.Dinesh Raj Kumar Additional Government Pleader

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https://www.mhc.tn.gov.in/judis

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W.P.No.14896 of 2018

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O R D E R

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The prayer sought for herein is for a Writ of Mandamus directing the respondents to provide minimum pension to the petitioner in the post of Village Administrative Officer from the date of petitioner's retirement (31.08.2007) by considering his representations dated 09.06.2018 within a period that may be stipulated by this Court.

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The petitioner was working as erstwhile Village Karnam prior to 14.11.1980. By virtue of the Ordinance dated 14.11.1980, the petitioner lost the job of Village Karnam on such date and thereafter, on the basis of the qualification the petitioner acquired, he was placed in the waiting list and accordingly he was selected and appointed as Village Administrative Officer on temporary basis with effect from 02.06.2000 and subsequently on completion of his probation on 01.06.2002, the petitioner's services as Village Administrative Officer was regularized with effect from 02.06.2000.

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Subsequently, the petitioner after having completed seven years of

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services as Village Administrative Officer superannuated on 31.08.2007 and accordingly he retired on that date.

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https://www.mhc.tn.gov.in/judis

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W.P.No.14896 of 2018

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Since the petitioner did not complete the ten years minimum qualifying service to get minimum pension in the post of Village Administrative Officer, he was not given the pension. However, the Government already issued G.O.Ms.No.756, Revenue Department dated 17.08.1993 under which those who did not have the minimum qualifying service to get the pension for their services instead of pension calculated from the date of re-appointment, it shall be calculated from 14.11.1980 and accordingly they would be entitled to get pension / minimum pension.

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The said benefit which was given to various persons like the petitioner as per G.O.Ms.No.756 dated 17.08.1993 was to be extended. Therefore, on the basis of the recommendation given by the District Collector of Krishnagiri District, the Government had thought it fit to extend the said benefit to the petitioner and accordingly they issued G.O.Ms.No.282, Revenue Department dated 07.09.2017, which reads thus,

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“ 3/ ,iz Mizah; tUtha; epUthfk; mth;fspd; ghpe;Jiu kw;Wk; fpU&;zfphp khtl;l Ml;rpahpd; Kd;bkhHptpd; mog;gilapy; brd;id cah;ePjpkd;w kJiu fpisapd; Mizapid fUj;jpw;bfhz;L mrU ftdKld; Ma;t[ bra;jJ/ fpU&;zfphp khtl;lk;. njd;fdpf;nfhl;il tl;lk; Xrg[uk; fpuhkj;ijr; nrh;e;j. Kd;dhs; fpuhk epUthf mYtyh; jpU/vk;/Rg;gpukzpad; vd;gth;. 02/06/2000?y; fpuhk

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https://www.mhc.tn.gov.in/judis

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W.P.No.14896 of 2018

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epUthf mYtyuhf gzpapy; nrh;e;J 31/08/2007?y; fpuhk epUthf mYtyuhf gj;jhz;LfSf;F Fiwthf gzpg[hpe;J Xa;t[ bgw;Ws;sjhy; ,J bjhlh;ghf btspaplg;gl;l murhiz (epiy) vz;/ 756. tUtha;j;Jiw. Ehs; 17/08/1993?,d; Mizf;Fl;gl;L jdpaUf;F Fiwe;jgl;r Xa;t{jpak; tH';f Vjthf jkpH;ehL Xa;t[jpa tpjpfspy; 1978?,y; cs;s tpjp vz;/43?iz jsh;t[ bra;J md;dhUf;F Miz btspaplg;gLk; ehs; Kjy; Fiwe;jgl;r Xa;t{jpak; tH';f muR MizapLfpwJ/

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4/ ,t;turhiz epjpj;Jiwapd; m/rh/F/vz;/17279Xa;t{-2017. Ehs; 28/06/2017?,d; ,irt[ld;

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btspaplg;gLfpwJ/”

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Despite this Government Order has been issued, where the benefit

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given to other similarly placed persons as per G.O.Ms.No.756 dated 17.08.1993 was extended to the petitioner, the petitioner had not been paid the pension from the date of retirement, but only from the date of current Government Order ie., 07.09.2017. Therefore, in order to get the pension / minimum pension available to the petitioner as per the aforesaid Government Order from the date of his retirement from 31.08.2007, though he made a request in this regard, it was not considered by the respondents, hence the petitioner has approached this Court by filing the present writ petition.

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https://www.mhc.tn.gov.in/judis

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W.P.No.14896 of 2018

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Heard Mr.M.P.Saravanan, learned counsel for the petitioner, who after having reiterated the aforesaid facts seeks the indulgence of this Court.

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Heard Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader who would submit that, the petitioner since has not been covered under G.O.Ms.No.756, which was issued as early as on 17.08.1993 and admittedly the petitioner had been re-appointed only in the year 2000, it became necessitated to extend the benefit to the petitioner. Therefore, the Government thought it fit to issue G.O.Ms.No.282 dated 07.09.2017. By such issuance of this Government Order only, Rule 43 of the Tamil Nadu Pension Rules was relaxed and the petitioner became eligible to receive pension. Therefore, such pension can be given only from 07.09.2017 and he cannot seek for retrospective pension from the date of his retirement ie., from 31.08.2007 and hence, the plea raised by the petitioner is untenable, learned Additional Government Pleader contended and seeks for dismissal of this writ petition.

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I have considered the submissions made by the learned counsel for both sides and have perused the materials placed on record.

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It is to be noted that the petitioner lost the job of Village Karnam on 14.11.1980 and those who lost the job and became qualified to hold the post of

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W.P.No.14896 of 2018

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Village Administrative Officer, were subsequently selected and appointed at various point of time. Some might have been appointed in 1980's and 1990's and some of them might have been appointed in 2000 or thereafter.

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In this context, the petitioner though was appointed on 02.06.2000 and his services from that date was regularized as Village Administrative Officer and because of his superannuation, he retired from services on 31.08.2007, whereby he could not complete the minimum 10 years qualifying service. Only for those persons who are not able to complete the minimum 10 years qualifying service for getting the pension, the benefit was extended in G.O.Ms.No.756 dated 17.08.1993, under which the minimum qualifying service was calculated from 14.11.1980 instead of the date of their rejoining service and accordingly several such persons were given the minimum pension. Only in order to extend the said benefit, the Government had now issued G.O.Ms.No.282 dated 07.09.2017. However, the said Government Order cannot be stated to be issued only for the benefit of the petitioner from the date of issuance of the Government Order.

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The reason being that, once the petitioner has become eligible to get minimum pension as has been provided to various persons under G.O.Ms.No.756 dated 17.08.1993 and various other Government Orders subsequently have been

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https://www.mhc.tn.gov.in/judis

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W.P.No.14896 of 2018

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issued, the same benefit has to be extended to the petitioner also since the petitioner was also similarly placed.

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In this context, if such benefit has not been extended to the petitioner from the date of retirement, that would amount to violation of Article 14 of the Constitution because, the equals are treated unequally and therefore such unequal treatment of equals cannot be accepted under the Constitutional Scheme.

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Therefore, this Court has no hesitation to hold that the benefit of minimum pension has to be extended to petitioner not from the date of the Government Order in G.O.Ms.No.282 dated 07.09.2017, but from the date of retirement ie., 31.08.2007. Therefore, this Court feels that the prayer sought for in this writ petition is tenable and acceptable. Accordingly, this writ petition is disposed of with the following order.

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That there shall be a direction to the respondents to extend the benefit of minimum pension payable to the petitioner in consonance with G.O.Ms.No.756 dated 17.08.1993 as well as G.O.Ms.No.282 dated 07.09.2017, with retrospective application of the Government Order for the benefit as has been provided in G.O.Ms.No.282 dated 07.09.2017, and

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https://www.mhc.tn.gov.in/judis

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W.P.No.14896 of 2018

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accordingly calculate the pension payable to the petitioner for the period from 31.08.2007 till 07.09.2017, the date on which G.O.Ms.No.282 was passed.

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Accordingly the respondents shall also calculate the arrears of pension to be paid to the petitioner and he shall be continued to be paid the pension as per G.O.Ms.No.282 dated 07.09.2017.

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