A retired Village Administrative Officer claimed pensionary benefits for his earlier service as a part-time Village Headman/Karnam under G.O.Ms.No.408. The Court held the Government Order covers only full-time employees and rejected his claim.
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.16094 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2024
CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
Writ Petition No.16094 of 2012
M.Subramanian ... Petitioner Vs. 1.The State of Tamil Nadu, Rep. by Chief Secretary, Fort St.George, Chennai – 9. 2.The Assistant Commissioner of Revenue Administration, Ezhilagam, Chennai – 600 005. 3.The District Collector, Salem District, Salem. 4.District Revenue Officer, Sankari, Salem District. … Respondents
Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records of the third respondent relating to Na.Ka.No.41982/2009 (A5) dated 07.10.2011 on his file and quash the same and direct respondents 1 and 2 to grant pensionary benefits to the petitioner as per G.O.Ms.408 dated 25.08.2009
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issued by the first respondent.
For Petitioner : Mr.P.Rajendran
For Respondents 1 to 4 : Mr.D.Gopal, Government Advocate
O R D E R
The petitioner has filed this writ petition to call for the records of the
third respondent relating to Na.Ka.No.41982/2009 (A5) dated 07.10.2011 on his file and quash the same and direct respondents 1 and 2 to grant pensionary benefits to the petitioner as per G.O.Ms.408 dated 25.08.2009 issued by the first respondent.
appointed as Village Headman, Anangur Village (Old Sankari Revenue Division) on 08.08.1974. This being so, one Kumarasamy had filed an appeal against his appointment and after verifying the qualifications of the petitioner, the Revenue Officer, Salem confirmed his appointment on 03.12.1974 and the petitioner has joined duty on 11.12.1974 and his service was confirmed upto 14.11.1980. On the promulgation of the Tamil Nadu Act Abolition of posts of part time village officers, 1980 with effect from
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14.11.1980, the petitioner has been terminated from the said post.
W.P.No.16094 of 2012
Subsequent to the said representation, the third respondent in
Na.Ka.No.41982/2009 (A5) dated 07.10.2011 rejected the claim of the petitioner stating the said Government order is not applicable to him, since he was worked as a part time Village Karnam, before being appointed as VAO. Challenging the said order, the petitioner has come forward with the present writ petition.
further submit that the second respondent in his
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D.O.Lr.No.R.A2(2)/47721/11, dated 29.08.2011 stated that the G.O.Ms.No.408 Finance (Pension) Department, dated 25.08.2009 is not applicable to the petitioner herein, since he was worked as Village Karnam, which was a part time Government Service and hence, his service as Village Karnam for the period from 11.12.1974 to 14.11.1980 and from 15.11.1980 to 15.04.1982 cannot be taken into account for pensionary benefits.
available on record.
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W.P.No.16094 of 2012
“ 2/ mjd;go. tiuaWf;fg;glhj gzp (Non Provincialised Service), bjhFg;g{jpak; (Consolidated Pay), kjpg;g{jpak; (Honorarium) kw;Wk; jpdf; Typ (Daily Wages) mog;gilapy; gzpg[hpe;J epue;jug; gzpapy; 1/4/2003?f;F Kd;dh; <h;f;fg;gl;l midtUf;Fk; bghUe;Jk; tifapy;. mth;fis epue;jukhfg; gzpapy; <h;f;fg;gLtjw;F Kd;. 1/1/1961?f;Fg; gpd; gzpg[hpe;j tiuaWf;fg;glhj gzpf;fhyk; (Non Provincialised Service). bjhFg;g{jpak; (Consolidated Pay), kjpg;g{jpak; (Daily Wages) kw;Wk; jpdf; Typ mog;gilapyhd bkhj;j gzpf;fhyj;jpy; ghjpia. mth;fsJ Xa;t{jpaj;jpw;F jFjpahd gzpf;fhyj;Jld; nrh;j;J Xa;t{jpag; gad;fSf;F vLj;Jf; bfhs;s. fPH;f;fz;l epge;jidfSf;Fl;gl;L murhy; Miz btspaplg;gLfpwJ/
(1) tiuaWf;fg;glhj gzpf;fhyk;bjhFg;g{jpak;-kjpg;g{jpak;-jpdf;Typ mog;gilapyhd gzpf;fhyk; KGneu muRj; Jiw gzpf;fhykhf ,Uj;jy; ntz;Lk;/
(2) muRj; Jiwfspy; khj bjhFg;g{jpak;. kjpg;g{jpak; my;yJ jpdf;Typ bgw;W gpd;dh; epue;ju
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W.P.No.16094 of 2012
muRg;gzpapy; <h;f;fg;gl;L ,Uf;f ntz;Lk;/
(3) muRj; Jiwapy; epue;jug; gzpaplj;jpw;F gzpKwptpd;wp 1/4/2003?f;F Kd;dh; <h;f;fg;gl;L ,Uf;f ntz;Lk;/
tiuaWf;fg;glhj gzp -bjhFg;g{jpak;-kjpg;g{jpak;jpdf;Typ mog;gilapy; gzpg[hpe;J. 1/4/2003?f;F Kd;dh; epue;ju muRg; gzpaplj;jpy; <h;f;fg;gl;l midtUf;Fk; bghUe;Jk;. nkYk;. ,t;thiz muRg; gzpahsh;fs;. Cs;shl;rp epWtdg; gzpahsh;fs; MfpnahUf;Fg; bghUe;Jk;/
4/ gzpg;gjpntL kw;Wk; chpa Mtz';fspd; mog;gilapy; nkny gj;jp 2?y; cs;s epge;jidfs; epiwt[ bra;a[k; ,d';fspy; rk;ge;jg;gl;l Jiwj; jiyth;fsns jFjpg; gzpf;fhyj;ij fzf;fpl;L khepyf; fzf;fhaUf;F Xa;t{jpag; gad;fSf;fhd Kd;bkhHpt[fs; mDg;g muR MizapLfpwJ/
5/ jkpH;ehL Xa;t{jpa tpjpfs; 1978?f;F jf;f jpUj;jk; jdpahf btspaplg;gLk;/ ”
Hence, it is crystal clear and evident that the aforesaid Government Order is
not applicable to the petitioner, since he was a worked as a part time Village
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W.P.No.16094 of 2012
Karnam.
third respondent in Na.Ka.No.41982/2009 (A5) dated 07.10.2011 does not
warrant any interference by this Court and the same is hereby confirmed.
24.01.2024
vm Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No
To:
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W.P.No.16094 of 2012
Chennai – 600 005.
3.The District Collector, Salem District, Salem.
J.SATHYA NARAYANA PRASAD,J.
vm
W.P.No.16094 of 2012
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W.P.No.16094 of 2012
24.01.2024
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1 issue framed by the court
Whether G.O.Ms.No.408 Finance (Pension) dated 25.08.2009 applies to a former part-time Village Karnam seeking pension for pre-absorption service.
3 provisions across 3 enactments
M.Subramanian
The State of Tamil Nadu, Rep. by Chief Secretary
The Assistant Commissioner of Revenue Administration
The District Collector, Salem District
District Revenue Officer, Sankari, Salem District
J.Sathya Narayana Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
