Court directed respondents to calculate notional pay from the year vacancies arose (1998-1999, 2000-2001) for retired petitioners, extending pensionary benefits and arrears based on this fixation within eight weeks.
Respondents to calculate notional pay from vacancy year, extend pensionary benefits and arrears within 8 weeks.
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WP.No.8342 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.08.2022
CORAM
THE HONOURABLE MR. JUSTICE R. SURESH KUMAR
WP.No.8342 of 2018
1.U.Mani @ Ganapthiappan 2.K.Muthaiya .. Petitioners
Versus
1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai – 600 009.
2.The Director of Town Panchayat, Kuralagam, Chennai – 600 108.
3.The Collector, Tirunelveli District, Tirunelveli. .. Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying
for issuance of a writ of Mandamus, to direct the respondents to promote the petitioner to the post of Junior Assistant/Bill Collector with effect from 1/11
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01.11.2007 as per G.O.Ms.No.14, Municipal Administration and Water Supply [TP-1] Department dated 23.01.2015 with all consequential benefits including retirement benefits and revision of pension and arrears of salary along with interest by considering the representation submitted by the petitioners within a time frame to be fixed by this Court.
For Petitioners : Mr.G.Sankaran
For Respondents : Mr.R.U.Dinesh Rajkumar Additional Government Pleader
ORDER
The prayer sought for herein is for a writ of Mandamus to direct the respondents to promote the petitioner to the post of Junior Assistant/Bill Collector with effect from 01.11.2007 as per G.O.Ms.No.14, Municipal Administration and Water Supply [TP-1] Department dated 23.01.2015 with all consequential benefits including retirement benefits and revision of pension and arrears of salary along with interest by considering the representation submitted by the petitioners within a time frame to be fixed by this Court.
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2.The petitioners were working as last grade servants in Tamil Nadu Town Panchayat service and they have been working in Ayakudi Town Panchayat, Tirunelveli District presently Tenkasi District as well as Kallidaikurichi Town Panchayat, Tirunelveli District respectively. In order to give promotional avenue to these people who were working as last grade servants in Tamil Nadu Town Panchayat service, the Government thought it fit to issue a Government Order in G.O.Ms.No.150, Municipal Administration and Water Supply Department dated 19.08.1998, under which 20% quota for the post of Junior Assistant/Bill Collector would be earmarked for promotion or appointment by transfer from these people.
3.In order to implement the same in respect of these petitioners and similarly placed persons like that of the petitioners, the Government subsequently had come forward to issue a Government Order in G.O.Ms.No.14, Municipal Administration and Water Supply [TP-1] Department dated 23.01.2015 where certain persons like the petitioners had been directed to be given such promotion by transfer with effect from the date where the posts have become vacant for which these people were earmarked to be given promotion.
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4.In this regard, in so far as the first petitioner is concerned, it is for the vacancy of 1998-1999 and for the second petitioner, it is 2000-2001. Though such a Government Order was issued that has not been implemented by the respondents as no posting was given and already they approached this Court and a direction was given in the earlier round of litigation, even then they have not passed any orders giving such postings by way of promotion through transfer to the post of Junior Assistant/Bill Collector as per the said G.O., namely, G.O.Ms.No.14, Municipal Administration and Water Supply [TP-1] Department dated 23.01.2015. Hence, the petitioners have approached this Court by filing the present writ petition with the aforesaid prayer.
5.When this writ petition is taken up for hearing today [02.08.2022], the learned Additional Government Pleader appearing for the respondents relied upon a communication issued by the District Collector, Tirunelveli District, i.e. the third respondent on 21.02.2020, under which the District Collector has given promotion and appointment to these two people on notional basis to the post of Junior Assistant as the petitioners had retired 4/11
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from service on superannuation on 31.03.2015 and 28.02.2015 respectively. In the said proceedings, the following has been stated:
“Miz:-
jpUbey;ntyp kz;lyk; xU';fpize;j
jpUbey;ntyp khtl;lk; (jw;nghija jpUbey;ntyp kw;Wk; bjd;fhrp khtl;l';fs; ml';fpaJ) rptfphp ngU:uhl;rp. Kd;dhs; Jg;gut[ nkw;ghh;itahsh;. jpU/v!;/o/khlrhkp vd;gtuhy; brd;id cah;ePjpkd;wj;jpy; bjhlug;gl;l tHf;F W.P.No.19439/2005 jPh;g;g[ ehs; 30.08.2013 kw;Wk; murhiz (epiy) vz;/14. efuhl;rp eph;thfk; kw;Wk; FoePh; tH';fy; (ngU:/1) Jiw ehs; 23/01/2015?d;go ,sepiy cjtpahsh; - thpj;jz;lyh; gzpapl';fspy; gzp khWjy; K:yk; gjtp cah;t[ tH';fpl Mizaplg;gl;l gpd;tUk; gzpahsh;fSf;F (jw;nghija jpUbey;ntyp kw;Wk; bjd;fhrp khtl;l';fis cs;slf;fpa xU';fpize;j jpUbey;ntyp khtl;lg; ngU:uhl;rpfspy; Vw;gl;l fhypg;gzpapl';fspy; 20
5/11
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rjtPj xJf;fPl;od; mog;gilapy; jdpah;fs; gzp Xa;t[ bgw;Ws;s epiyapy; fhfpj mstpy; gpd;tUkhW tpj;jz;lyh; gzpaplk; tH';fp Mizaplg;gLfpwJ/
| t/vz; gzpahsh; bgah; kw;Wk; ngU:uhl;rp |
taJ Kjph;tpy; gzp Xa;t[ bgw;w njjp |
|---|---|
| 1 jpU/c/kzp (v) fzgjpag;gd; gjpiw vGj;jh; Maf;Fo ngU:uhl;rp jpUbey;ntyp khtl;lk; (jw;nghJbjd;fhrp khtl;lk;) |
31/03/2015 |
| 2 jpU/nf/Kj;ijah gjptiw vGj;jh; fy;ypilf;Fwpr;rp ngU:uhl;rp jpUbey;ntyp khtl;lk; |
28/02/2015 |
| nkYk; jdpah;fSf;F ghh;it ; ; | ; ;; ; 1 ,y; fhQqk; |
| brd;id cah;ePjp kd;w |
; tHf;fpy; |
| cj;jputpl;Ls;sgo fUj;jpayhf ;; | ;;; ; Cjpa eph;zak; |
| bra;jplt[k; (Notional Pay Fi |
xation) mjd; |
mog;gilapy; jpUj;jpa Xa;t{jpa gyd;fs; tH';fplt[k; rk;ke;jg;gl;l ngU:uhl;rp bray; mYtyh;fSf;F mwpt[Wj;jg;gLfpwJ/”
6.Relying upon this proceedings, the learned Additional Government Pleader would submit that the prayer sought for by the petitioner has been
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complied with as these two petitioners have been given postings, since they have already retired from service on superannuation, such appointment and promotion would be given on notional basis and pay also would be fixed on notional basis for the purpose of other service benefits.
7.However, Mr.G.Sankaran, learned counsel appearing for the petitioner would submit that, though it has been stated that the pay would be fixed as a Notional Pay Fixation, it has not been stated as to from which date such appointment with notional pay fixation would take place as the Government Order has mentioned that these two people are entitled to get such promotion to the post of Junior Assistant/Bill Collector for the year 1998-1999 and 2000-2001 respectively. Therefore, from that date such notional pay fixation shall be made and accordingly, the retirement-cumpensionary benefits payable to the petitioner shall be directed to be paid, he contended.
8.I have considered the rival submissions made by the learned counsel for the parties and have perused the documents including the latest one dated 21.02.2020 produced by the learned Additional Government 7/11
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District.
Pleader issued by the third respondent, District Collector, Tirunelveli District.
9.Pursuant to G.O.Ms.No.14, Municipal Administration and Water Supply [TP-1] Department dated 23.01.2015 now the order of implementation has been issued by the District Collector where the postings by way of promotion to these petitioners have been given on notional basis as they have already retired from service on attaining the age of superannuation on 31.03.2015 and 28.02.2015 respectively.
10.Insofar as fixing such notional fixation of pay is concerned, though the date is not mentioned in the said proceedings dated 21.02.2020, it goes without saying that because of G.O.Ms.No.14, Municipal Administration and Water Supply [TP-1] Department dated 23.01.2015, such a notional fixation shall be taken effect from the date when the vacancy arose where such a promotion was meant for these two petitioners as provided under G.O.Ms.No.14, Municipal Administration and Water Supply [TP-1] Department dated 23.01.2015 where insofar as the first petitioner, the vacancy year is 1998-1999 and for the second petitioner it is 8/11
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2000-2001. Therefore, from that year, on the crucial date for which the petitioners are eligible or entitled to get such promotion as Junior Assistant/Bill Collector such a notional promotion shall be taken effect and accordingly, notional pay payable to these two petitioners shall be calculated. Based on such notional pay calculation, the retirement benefits i.e. the pensionary benefits shall also be calculated and it shall be extended to the petitioners including the arrears of pension. The needful as indicated above shall be undertaken by the respondents within a period of eight weeks from the date of receipt of a copy of this order.
11.With these directions, the writ petition stands disposed of. However, there shall be no order as to costs.
02.08.2022
Internet : Yes Index : Yes/No cse
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To
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R.SURESH KUMAR, J.,
cse
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02.08.2022
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2 issues framed by the court
Whether respondents are directed to calculate notional pay fixation from the vacancy year for retired petitioners entitled to promotion as per G.O.Ms.No.14.
Whether arrears of pension and retirement benefits are to be extended to petitioners based on retroactive notional promotion.
2 provisions across 2 enactments
U. Mani @ Ganapthiappan
K. Muthaiya
The Principal Secretary to Government, Municipal Administration and Water Supply Department
The Director of Town Panchayat, Kuralagam
The Collector, Tirunelveli District
R. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
