Dismissed¶23

Gnanasekaran.O v. the Commissioner

PENSION – COUNTING OF PRE-REGULARISATION SERVICE – CUT-OFF DATE 01.04.2003

Madras HC14 Oct 2025WP(MD)/19934/2020

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Case brief

AI extract

What is this about?

Daily-wage service (01.07.1983-02.04.1991) of an employee regularised only on 12.11.2012 cannot be counted for pension, as absorption occurred after the 01.04.2003 cut-off; Full Bench rule in Govt. of Tamil Nadu v. R.Kaliyamoorthy (2019 (6) CTC 705) applied; writ petition dismissed (Madras HC, Madurai Bench, W.P.(MD)No.19934 of 2020).

What did the court decide?

Since the petitioner was absorbed in regular service only on 12.11.2012, i.e., after the 01.04.2003 cut-off date, his pre-absorption temporary service from 01.07.1983 to 02.04.1991 cannot be counted as qualified/qualifying service for computation of pension and retirement benefits. ¶22

Gnanasekaran.O Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioner's temporary/daily-wage service from 01.07.1983 to 02.04.1991, rendered prior to provincialisation of his service on 12.11.2012, can be counted (at 50%) as qualifying service for computation of pension and retirement benefits, given that he was absorbed in regular service after the 01.04.2003 cut-off date.

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Court's answer

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Ratio / Principle

In view of the well-settled law laid down by the Full Bench of this Court in Government of Tamil Nadu and Others Vs. R.Kaliyamoorthy (2019 (6) CTC 705), the writ petition has no merit and stands dismissed with no costs.

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Detailed headnote1 paragraphs

PENSION - COUNTING OF PRE-REGULARISATION SERVICE - CUT-OFF DATE 01.04.2003 - Petitioner O.Gnanasekaran, who worked on daily wages from 01-07-1983 to 02-04-1991 under Tiruchirapalli Corporation and whose service was provincialised/absorbed into regular service only on 12.11.2012, sought computation of 50% of that pre-regularisation period, together with post-regularisation service as Driver till retirement on 30-04-2018, for pension and pensionary benefits; his challenge to the Commissioner's rejection order dated 16.07.2020 in Na.Ka.No.1083/2018/C6 (Maiyam) came before the Madurai Bench. Relying on the Full Bench decision in Government of Tamil Nadu and Others Vs. R.Kaliyamoorthy, 2019 (6) CTC 705 - per which government servants appointed before 01.04.2003 but absorbed in regular service after 01.04.2003 are not entitled to count half of their past service towards qualifying service for pension - the Court held that, the petitioner having been absorbed only after the cut-off date, his 1983-1991 temporary service cannot be computed as qualifying service, and dismissed the writ petition. No costs. (Single Judge - Abdul Quddhose, J.; decided 14.10.2025.)

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W.P.(MD)No.19934 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 14.10.2025

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CORAM

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THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

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W.P.(MD)No.19934 of 2020

O.Gnanasekaran

... Petitioner

Vs.

The Commissioner, Tiruchirapalli Corporation, Trichy District. ... Respondent

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the respondent resulting in the respondent's impugned order dated 16-07-2020 passed in Na.Ka.No.1083/2018/C6 (Maiyam) and quash the same and directing the respondent to take the 50 percentage on the periods from 01-07-1983 to 02-04-1991 worked on daily wages under the respondent Corporation along with the periods from the date of regularizing in the post of Driver till the date of retirement i.e., on 30-04-2018 for calculating the pension and pensionary benefits and any other benefits as legally entitled to get for the petitioner and revise the pension on that basis by considering the G.O.Ms.No.408 finance (Pension) Department, dated 25.08.2009 and the various decisions by this Court.

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

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W.P.(MD)No.19934 of 2020

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For Petitioner : Mr.V.R.Venkatesan For Respondent : Mr.K.S.Kishore Ram, Standing Counsel for M/s.R.B.Law Associates

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O R D E R

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This Writ Petition has been filed challenging the impugned order dated 16.07.2020 passed by the respondent rejecting the petitioner's request to compute the entire service period from 01.07.1983 to 02.04.1991 rendered by the petitioner on temporary service prior to his provincialisation of his service on 12.11.2012 for the purpose of counting as qualified service for computation of pension and to pay pension and retirement benefits in terms thereof.

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The prayer sought for in this writ petition is no longer res integra as the decision of the Full Bench of this Court in the case of Government of Tamil Nadu and Others Vs. R.Kaliyamoorthy reported in 2019 (6) CTC 705 , has made it clear that those Government servants should be appointed 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.

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

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W.P.(MD)No.19934 of 2020

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In the case on hand, the petitioner was admittedly absorbed in regular service only on 12.11.2012 and since he has been absorbed in regular service only after 01.04.2003, which is the cut-off date, the question of computing the entire period of service of the petitioner i.e., on 01.07.1983 to 02.04.1991 which was rendered by him on temporary basis prior to the provincialisation of his service on 12.11.2012 for the purpose of counting as qualified service for the computation of pension and future retirement benefits does not arise.

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In view of the well settled law as laid down by the decision of the Full Bench of this Court in the case of Government of Tamil Nadu and Others Vs R.Kaliyamoorthy reported in 2019 (6) CTC 705, there is no merit in this writ petition and accordingly, this writ petition stands dismissed. No costs.

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14.10.2025

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NCC:yes/no Index:yes/no Internet:yes/no TSG

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

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W.P.(MD)No.19934 of 2020

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ABDUL QUDDHOSE, J.