Petitioner, a retired Rural Welfare Officer, challenged an order granting pensionary increments based on his initial post during training rather than the post he held as on 30.07.1992.
Impugned order quashed; order directing respondents to sanction increments based on post held on 30.07.1992 and pay arrears within four weeks.
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W.P.No.189 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2023
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
W.P. No.189 of 2020
E.Ramalingam
Petitioner /vs/
Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for Calling for GO(D) No.320 Rural Development and Panchayat Raj (Pa.A-4) Department dated 19.07.2018 passed by the 1st respondent and consequential impugned order passed by the 3rd respondent in his proceeding Na.Ka.No.PA3/8577/2013 dated 10.7.2019
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and quash the same in so far as the petitioner is concerned and consequently direct the Respondents herein to pay two increments for the training period in the post held by the petitioner as on 30.7.1992 continuously up to his date of retirement and consequently take into account the said increments in the pensionary benefits of the petitioner and pay all monetary benefits and other attendant benefits as paid to others through G.O. Ms. No.85 Rural Development and Panchayat Raj Department dated 11.9.2012 and G.O.Ms.No.62 Rural Devlopment and Panchayat Raj Department dated 27.06.2013 in compliance of the order passed in W.P.Nos.33981/2005 and 39046/2005 dated 05.07.2011.
For Petitioner ... Mr.K.Raja For Respondents ... Mr. G.Nanmaran Special Government Pleader
ORDER
This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus Calling for GO(D) No.320 Rural Development and Panchayat Raj (Pa.A-4) Department dated 19.07.2018 passed by the 1st respondent and consequential impugned order passed by the 3rd respondent in his proceeding
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Na.Ka.No.PA3/8577/2013 dated 10.7.2019 and quash the same in so far as the petitioner is concerned and consequently to direct the Respondents herein to pay two increments for the training period in the post held by the petitioner as on 30.7.1992 continuously up to his date of retirement and consequently take into account the said increments for the pensionary benefits of the petitioner and to pay all monetary benefits and other attendant benefits as paid to others through G.O. Ms. No.85 Rural Development and Panchayat Raj Department dated 11.9.2012 and G.O.Ms.No.62 Rural Devlopment and Panchayat Raj Department dated 27.06.2013 in compliance of the order passed in W.P.Nos.33981/2005 and 39046/2005 dated 05.07.2011.
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according increment to the petitioner during the period spent by him on training (i.e. from 01.11.1965 to 31.10.1967). However, an another Government Order in G.O.No.367 RDD dated 30.12.1997 has been passed by clarifying the calculation of the increment of the training period notionally and if at all any monetary benefits comes as on 30.07.1992, the same should be given to them. Since it was detrimental to the interest of some of the Officers, they have filed various petitions and in the Writ Petition in W.P.Nos.33981/2005 and 39046/2005 the following direction has been given:
“ 10. In view of the aforesaid reasons, this Court is inclined to direct the respondents herein to pay the increments and other monetary benefits to the petitioners for the training period in the post held by them as on 30.07.1992 continuously up to the date of retirement of the petitioners and consequently, take into account the said increments * and other monetary benefits in the pensionary benefits and in the monthly pension of the petitioners. It is made clear that the above said process shall be completed within a period of eight weeks from the date of a copy of this order.”
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sanction the increment for the training period in the post held by them as on 30.07.1992 continuously up to the date of retirement and also to take benefit for the purpose of calculating the pension as well. Since several other officials also filed various Writ Petitions to get the benefit of the above order, the Government has taken pro-active measure to extend the benefit to all those eligible persons even if they have not filed any writ petition. Subsequently, the Government was changed and the employees once again needed to approach the Court by way of filing Writ Petition for getting similar directions. In that style the petitioner was also forced to file a Writ Petition in W.P.No.1129 of 2016 and in which the following direction has been given:
“ 6. In view of the above, without going into the merits of the case, the petitioners are permitted to submit a copy of the representation dated 28.12.2015 along with the copy of this order to the respondents within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representations, the same shall be considered and disposed of by the respondents on merits and in accordance with law and also in the light of G.O.Ms.No.85 Rural Development and Panchayat Raj Department dated 11.09.2012 and G.O.Ms.No.62 Rural Development and Panchayat Raj Department dated 27.06.2013, within a period of ten weeks thereafter. The writ petition is disposed of accordingly. No costs.”
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According to the above direction, the representation of the petitioner was considered. However the increment was sanctioned to the petitioner as on 1965-1967, during the period which the petitioner had undergone training i.e. from 01.11.1965 to 31.10.1967. Aggrieved over which the petitioner had filed this Writ Petition.
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with the benefit only in respect of the post held by him during 1965 to 1967. In fact in the earlier directions given in the Writ Petitions in W.P. Nos.33981 of 2005 and 39046 of 2005 dated 05.07.2011, it has been categorically made clear that increments should be sanctioned in respect of the post held by the employees as on 30.07.1992. The respondent's action of sanctioning the increment to the petitioner in respect of the post held by the petitioner from the year 1965 to 1967 is not correct.
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05.10.2023
bkn
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To:
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R.N.MANJULA ,J.
bkn
W.P.No.189 of 2020
05.10.2023
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3 issues framed by the court
Whether an increment for training period should be calculated based on the post held on retirement or the initial post held during training?
Whether the impugned order sanctioning increments based on the initial post held during training requires correction?
Whether the respondent is directed to pay arrears of increments and consequential monetary benefits?
E. Ramalingam
Government of Tamil Nadu
Director of Rural Development Department
District Collector, Villupuram District
R.N. Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
