A retired municipal Record Clerk who served as a daily-wage NMR from 1986 before regularization in 2006 sought pension under the old Tamil Nadu Pension Rules by counting half his daily-wage service. Applying the Full Bench ruling on the 01.04.2003 cut-off, the court found his claim unsustainable and dismissed the writ petition.
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WP(MD) No.14968 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
WP(MD) No.14968 of 2019 & WMP(MD) No.11487 of 2019
S.Rajendran
.. Petitioner
Vs.
..Respondents
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WP(MD) No.14968 of 2019
Prayer:
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of certiorarified mandamus to call for the records in pursuant to the impugned order issued by the 4th respondent in proceedings Na.Ka.No.3297/2018/C4 dated 06/08/2018 and quash the same & to consequently grant pension to the petitioner under the Tamil Nadu Pension Rules 1978 (old pension scheme) by counting 50% of the services rendered by him from 08.08.1986 to 11.08.2006 as NMR on daily wages along with his regular service from 11.08.2006 to 31.01.2018 (i.e., till his retirement) as qualifying service with all consequential service and monetary benefits.
For Petitioner : Mr.R.Prem Narayan For RR1 to R3 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R4 : Mr.E.P.Venkateshwar Standing Counsel
ORDER
Under assail is the order dated 06.08.2018 passed by the Commissioner, Karaikudi.
Clerk in Karaikudi Municipality, he was originally appointed as NMR on daily wages from 08.08.1986 to 11.08.2006. His service was regularized from 11.08.2006. He attained the age of superannuation on 31.01.2018. He sent representation to the respondents to grant pension under Rule 11 'The Tamil Nadu Pension Rules, 1978 (Old Pension Scheme)' (herienafter referred as 'Rules') by counting 50% of the service rendered by him from
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WP(MD) No.14968 of 2019
08.08.1986 to 11.08.2006 as NMR on daily wages along with his regular service from 11.08.2006 to 31.01.2018 that is till his retirement. The fourth respondent passed the order impugned by stating that the writ petitioner was regularized after 31.01.2018 and therefore, he is not entitled for pension under the said Rules/Scheme. Hence, this writ petition.
that the petitioner is entitled by counting 50% of the service rendered by him as NMR on daily wages from 08.08.1986 to 11.08.2006, as per Rule 11 of The Tamil Nadu Pension Rules, 1978.
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WP(MD) No.14968 of 2019
reported in [(2019) 6 CTC 705] in the case of The Government of Tamil
Nadu represented by its Secretary to Government Public Works Department Secretariat Chennai and Ors. Vs. R. Kaliyamoorthy to show that the Government Servants who were appointed in the temporary service before 01.04.2003 who were abosrbed in regular service after 01.04.2003 will not be entitled to count half of their past period of service for the purpose of determination of qualifying service for pension.
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WP(MD) No.14968 of 2019
of the State which are borne on pensionable establishments. Whether
temporary or permanent. The said Rule 2 is as follows:
“2. Application - Save as otherwise provided in these rules,these rules shall apply to all Government Servants appointed to services and posts in connection with the affairs of the State which are borne on pensionable establishments whether temporary or permanent, but shall not apply to -
(a) persons in casual and daily rated employment,
(b) persons paid from contingencies;/
(c) persons employed on contract except when the contract
provides otherwise;
(d) members of the All-India Services;
(e) persons entitled to the benefit of a Contributory Provident Fund;
(f) persons who are entitled to the benefits under the Factories Act, 1948 and the Employees' Provident Fund Act, 1952, excluding those who are governed by Statutory Service Rules and belong to pensionable service.”
issued GO(Ms).No.408 Finace (Pension Department dated 25.08.2009), wherein also it has been indicated that under Rule 2 and Rule 11 of the Rules, the 50% of the past service of daily rated employee persons cannot be taken into consideration. The Hon'ble Full Bench judgment dated 03.12.2019 has observed in paragraph No.45, which reads as
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WP(MD) No.14968 of 2019
under:
45. In the light of the above, we answer the reference as follows:-
(i) Those who are freshly appointed on or after 01.04.2003 are not entitled to pension in view of W.A.No. 158 of 2016 etc., batch proviso to Rule 2 of Tamil Nadu Pension Rules, 1978 inserted by G.O.Ms.No.259 dated 06.08.2003.
(ii) Those government servants/employees appointed prior to 01.04.2003 whether on temporary or permanent basis in terms of Rule 10 (a) (i) of Tamil Nadu State and Subordinate Service Rules will be entitled to get pension as per the Tamil Nadu Pension Rules, 1978.
(iii) In case, a government employee/servant had also rendered service in non-provincialised service, or on consolidated pay or on honorarium or daily wage basis and if such services were regularised before 01.04.2003, half of such service rendered shall be counted for the purpose of conferment of pensionary benefits.
(iv) Those government servants who were appointed in the aforesaid four categories before the cut off date and later appointed under Rule 10 (a) (i) of Tamil Nadu State and Subordinate Service Rules before 01.04.2003 and absorbed into regular service after 01.04.2003 will not be entitled to count half of W.A.No. 158 of 2016 etc., batch their past service for the purpose of determination of qualifying service for pension.
(v) Those government servants who were appointed in the aforesaid four categories before 01.04.2003 but were absorbed in regular service after 01.04.2003 will not be entitled to count half of their past service for the purpose of determination of qualifying service for pension."
the instant case on hand the writ petitioner was neither absorbed prior to 01.04.2003 nor appointed prior to 01.04.2003. Hence, his claim is
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WP(MD) No.14968 of 2019
unsustainable in law. There is no merit in these writ petition and the same is liable to be dismissed.
18.03.2025 (2/2)
NCC : Yes Index : Yes Internet : Yes nst To
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WP(MD) No.14968 of 2019
M.JOTHIRAMAN, J.
nst
WP(MD) No.14968 of 2019 & WMP(MD) No.11487 of 2019
Dated: 18.03.2025 (2/2)
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1 issue framed by the court
Whether a former daily-rated NMR regularized after 01.04.2003 may count 50% of pre-regularization service as qualifying service for pension under the Tamil Nadu Pension Rules, 1978.
Colour shows how this judgement treated each authority
3 provisions across 3 enactments
S.Rajendran
The Secretary to Government Municipal Administration & Water Supply Department
The Director of Municipal Administration
The Director of Local Fund Audit
The Commissioner, Karaikudi Municipality
M. Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
