A.Elumalai v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2024
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.14725 of 2021
1. A.Elumalai
2. A.Vajravelu
3. M.Mahalingam ... Petitioners /vs/ 1.The Government of Tamilnadu represented by the Secretary to Government, Finance (Pay Cell) Department, Fort St. George, Chennai - 600 009.
2. The Collector, Kancheepuram District.
3. The Block Development Officer, (Village Panchayats) St. Thomas Mount Pachayat Union, Chennai - 600 064.
... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the respondents to grant the petitioners pension and other retirement benefits with effect from the date
of their retirement, namely, 31.12.2019, 31.03.2020 and 31.05.2020 respectively, as per the methodology prescribed in G.O.Ms.No.313 Finance (Pay Cell) Department, dated 25.10.2017 by relaxing any rule, if necessary and grant them all consequential benefits.
For Petitioner ...
Mr.P.Manojkumar For Respondents ...
Mr.K.H.Ravikumar Government Advocate for R1 to R3
ORDER
Heard Mr.P.Manojkumar, the learned counsel for the petitioner and Mr.K.H.Ravikumar, the learned Government Advocate for R1 to R3.
2. The petitioner has filed this writ petition seeking a writ of mandamus directing the respondents to grant the petitioners pension and other retirement benefits with effect from the date of their retirement with all consequential benefits.
3. The petitioners were appointed as "Sweepers" on daily wage basis and they were paid with market rate fixed by the District Collector from time to time. In the month of August, 2013, the petitioners were getting a daily way of Rs.235/- and were required to work all the days of a month without any leave and they used to get Rs.7,050/- per month. However an order has been issued on 24.08.2013 by placing the petitioner at a special time scale of pay at Rs.1,300 - 3000 + GP 300 with effect from 07.05.2013 and to that effect a Government Order has been issued in G.O.Ms.No.39, Rural Development and Panchayat Department dated 07.05.2013. 3.1 As per the said Government Order, those wagers who have completed three years of service on daily wages or consolidated pay are entitled to get the above special time scale of pay.
As the special time scale of pay was below than the daily wages paid to them for a month, the Government has issued another Government Order in G.O.Ms.No.40 Finance (Pay Cell) Department dated 22.02.
G.O.Ms.No.303 Finance (Pay Cell) Department dated 11.10.2017. By virtue of the said Government Order, the petitioners have been given with regular time scale of pay. However the petitioners have not been given with pensionary benefits and retiral benefits on par with the Government servants.
4. It is claimed by Mr.P.Manojkumar, the learned counsel for the petitioner, that a subsequent government Order in G.O.Ms.No.313 Finance (Pay Cell) Department dated 25.10.2017 has also been issued in this regard and the same has not been implemented.
5. However, Mr.K.H.Ravikumar, the learned Government Advocate for the respondents, submitted that based on the acceptance of the recommendation of the Official Committee, the Government Order in G.O.Ms.No.348, Finance [PC] Department, dated 28.11.2017 has been issued to grant the employees in both the Government Department and Local Bodies in the special time scale of pay with the special monthly pension / lumpsum at the time of retirement as it was so granted to the
Anganwadi workers including mini Anganwadi workers and helpers. 5.1 It is further submitted that the petitioners who were Sweepers have been paid with special pension of Rs.2,000/- per month and with a lumpsum of Rs.50,000/- subject to the conditions laid down in the Government Order and the said order took effect from 01.10.2017; the Government initially absorbed them to special time scale of pay from daily wages and subsequently ordered for special pension to be paid to the petitioners.
6. The petitioners have not been regularized and absorbed as against substantial vacancies and treated on par with Government servants in respect of other conditions of service. Just because the petitioners have been given with a pay equivalent to that of the Government employees considering the similar nature of work, they cannot claim that they are also entitled to the regular pension as claimed by the Government employees as per the Tamil Nadu Pension Rules, 1978.
7. So far as these petitioners are concerned, a special Government Order has been given vide G.O.Ms.No.348, Finance [PC] Department, dated 28.11.2017 under which the petitioners have been given with special pension along with lumpsum of Rs.20,000/- and the petitioners have also received the same. Hence, if the petitioners challenge the above Government Order and the said Government Order is removed, that will only go detrimental to the interest of the petitioners. The petitioners have claimed pension in accordance with G.O.Ms.No.313 Finance (Pay Cell) Department dated 25.10.2017, which is not applicable to their case.
8. In the result, this Writ Petition is dismissed. No costs. 26.03.2024 Index: Yes / No Speaking order / Non-speaking order bkn
To:
1.The Secretary to Government, Government of Tamilnadu Finance (Pay Cell) Department, Fort St. George, Chennai - 600 009.
2. The Collector, Kancheepuram District.
3. The Block Development Officer, (Village Panchayats) St. Thomas Mount Pachayat Union, Chennai - 600 064.
R.N.MANJULA ,J.
bkn W.P. No.14725 of 2021 26.03.2024