D.Ramakrishnan v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.08.2017

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP.Nos.9022 to 9025 of 2015, 6219 of 2016, 11783 to 11787, 13048 of 2016, 27673 to 27675 of 2016, 10418 of 2017, 15560 of 2017, 16980 of 2017, 23018 to 23020 of 2015 and Connected M.Ps. D.RAMAKRISHNAN ... PETITIONER in WP No.9022 of 2015 NO.9 KUPPUSAMY STREET KRISHNAMMAL NAGAR COLLEGE ROAD TINDIVANAM VILLUPURAM DISTRICT A.NAGAMATHULLA ... PETITIONER in WP No.9023 of 2015 VOCATIONAL INSTRUCTOR (RETD) KHAJAMIAN HIGHER SECONDARY SCHOOL KHAJA NAGAR TRICHY 620 020 S.SANTHANALAKSHMI ... PETITIONER in WP No.9024 of 2015 14/77 DURAISAMY NAIDU STREET DHARMAPURI K.VIJAYAKUMAR ... PETITIONER in WP No.9025 of 2015 VOCATIONAL INSTRUCTOR ADHIYAMAN GOVT. BOYS HIGHER SECONDARY SCHOOL DHARMAPURI 636 701 P.MUTHUSAMY ... PETITIONER in WP No.6219 of 2016 S/O.PAVADAI MARIYAMMAN KOIL STREET ADARI COLONY POST TITTAGUDI TALUK CUDDALORE DISTRICT.

M.PERIYASAMY ... PETITIONER in WP No.11783 of 2016 S/O.MUTHU LINGAM PUDU COLONY NADU VEETHI THOLAR NORTH VILLAGE TITTAGUDI TALUK CUDDALORE DISTRICT

M.MUTHUSAMY ... PETITIONER in WP No.11784 of 2016 S/O.MUNIYAN VILLAGE ASSISTANT (RETD) SIRUMULAI VILLAGE AND POST TITTAGUDI TALUK CUDDALORE DISTRICT N.NALLAPILLAI ... PETITIONER in WP No.11785 of 2016 S/O.MURUGAN GANDHI NAGAR SUGAR FACTORY POST ERAIYUR TITTAGUDI TALUK CUDDALORE DISTRICT G.GURUSAMY ... PETITIONER in WP No.11786 of 2016 S/O.GOPAL VAIYANGUDI VILLAGE SATHANUR POST TITTAGUDI TALUK CUDDALORE DISTRICT S.THAILAMUHTU ... PETITIONER in WP No.11787 of 2016 S/O.SUBBAN K.IVANUR KEEZHACHERUVAI POST TITTAGUDI TALUK CUDDALORE DISTRICT N.MUNUSAMY ... PETITIONER in WP No.13048 of 2016 MAZDOOR (RTD) NO.23 NEW VAZHAIMA NAGAR KRISHNADOSS ROAD PERAMBUR CHENNAI-12.

R.ANNAMAYIL ... PETITIONER in WP No.27673 of 2016 W/O.C.RAMALINGAM (LATE) POTHIRAMANGALAM AND POST TITTAGUDI TALUK CUDDALORE DISTRICT K.AMEENA BEE ... PETITIONER in WP No.27674 of 2016 W/O.K.KUTHPUTHIN (LATE) KANNAGI STREET POOLAMBADI VILLAGE AND POST VEPPANTHATTAI TALUK PERAMBALUE DISTRICT.

C.KALAVATHY ... PETITIONER in WP No.27675 of 2016 W/O.CHIDAMBARAM (LATE) KOTHATTAI VILLAGE TITTAGUDI TALUK CUDDALORE DISTRICT.

P.PALANIYAMMAL ... PETITIONER in WP No.10418 of 2017 W/O.LATE.ANNAMALAI MANJAPUTHUR VILLAGE SHANKARAPURAM TALUK VILLUPURAM DISTRICT T.JAYAMOORTHY ... PETITIONER in WP No.15560 of 2017 S/O.THIRUMAL NO.2/59 PILLAIYAR KOIL STREET CHITTANI & POST VILLUPURAM DISTRICT P.SELVARAJ ... PETITIONER in WP No.16980 of 2017 S/O.PERUMAL NO.44 KUPPAIYANALLUR METTU COLONY NIRIDI UTHIRAMERUR TALUK KANCHEEPURAM DISTRICT C.SRINIVASAN ... PETITIONER in WP No.23018 of 2015 DEPUTY BLOCK DEVELOPMENT OFFICER 1/1A L G S NAGAR THIRUVANNAMALAI THIRUVANNAMALAI DISTRICT V.ANNAMALAI ... PETITIONER in WP No.23019 of 2015 DEPUTY BLOCK DEVELOPMENT OFFICER 35 V.O.C.

NAGAR 9TH STREET THIRUVANNAMALAI THIRUVANNAMALAI DISTRICT A.SUBRAMANIAN ... PETITIONER in WP No.23020 of 2015 DEPUTY BLOCK DEVELOPMENT OFFICER PUDUPALAYAM THIRUVANNAMALAI THIRUVANNAMALAI DISTRICT

Versus

GOVERNMENT OF TAMIL NADU REP BY SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI 9 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI 6 THE JOINT DIRECTOR OF SCHOOL EDUCATION (VOCATIONAL) COLLEGE ROAD CHENNAI 6 ..RESPONDENTS 1 TO 3 IN WP NOS.9022 TO 9025/15

THE CHIEF EDUCATIONAL OFFICER VILLUPURAM DISTRICT VILLUPURAM ... RESPONDENT 4 in WP No.9022 of 2015 THE CHIEF EDUCATIONAL OFFICER TRICHY DISTRICT TRICHY ... RESPONDENT 4 in WP No.9023 of 2015 THE CHIEF EDUCATIONAL OFFICER DHARMAPURI DISTRICT DHARMAPURI ... RESPONDENT 4 in WP No.9024 of 2015 THE CHIEF EDUCATIONAL OFFICER DHARMAPURI DISTRICT DHARMAPURI ... RESPONDENT 4 in WP No.9025 of 2015 THE STATE OF TAMIL NADU REP.BY ITS SECRETARY TO GOVERNMENT REVENUE DEPARTMENT SECRETARIAT CHENNAI-9.

THE PRINCIPAL COMMISSIONER AND COMMISSIONER OF REVENU ADMINISTRATION CHEPAUK CHENNAI-5.

THE ACCOUNTANT GENERAL (A&E) TEYNAMPET CHENNAI-18.

THE ASSISTANT COMMISSIONER-3 REVENUE ADMINISTRATION DISASTER MANAGEMENT AND MITIGATION DEPARTMENT CHEPAUK CHENNAI- 5.

THE REVENUE DIVISIONAL OFFICER VRIDDHACHALAM CUDDALORE DISTRICT.

... RESPONDENTS in WP No.6219 of 2016 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT REVENUE DEPARTMENT SECRETARIAT CHENNAI-9 THE PRINCIPAL COMMISSIONER AND COMMISSIONER OF REVENUE ADMINISTRATION CHEPAUK CHENNAI-5.

THE ACCOUNTANT GENERAL (A&E) TEYNAMPET CHENNAI-18.

THE REVENUE DIVISIONAL OFFICER VRIDHACHALAM CUDDALORE DISTRICT.

THE TAHSILDAR TALUK OFFICE TITTAGUDI CUDDALORE DISTRICT.

... RESPONDENTS in WP NoS.11783 TO 11787 of 2016,27673 TO 27675/16 THE STATE OF TAMILNADU REP. BY ITS SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT CHENNAI- 600 009 THE DIRECTOR OF GOVERNMENT EXAMINATIONS DIRECTORATE OF GOVERNMENT EXAMINATIONS COLLEGE ROAD CHENNAI-600 006.

THE SECRETARY TO THE DIRECTOR OF GOVERNMENT EXAMINATIONS DIREATORATE OF GOVERNMENT EXAMINATIONS COLLEGE ROAD CHENNAI-600 006.

... RESPONDENTS in WP No.13048 of 2016 THE STATE OF TAMILNADU REP. BY ITS SECRETARY TO GOVERNMENT ENVIRONMENT AND FOREST DEPARTMENT FORT ST.

GEORGE CHENNAI-9 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST PANAGAL BUILDING SAIDAPET CHENNAI-15 ..RESPONDENTS 1 & 2 IN WP.10418/17,15560/17 16980/17 THE DISTRICT FOREST OFFICER SOCIAL FORESTRY DIVISION KALLAKURICHI VILLUPURAM DISTRICT ..RESPONDENT NO.3 IN WP.10418/17 THE PRINCIPAL ACCOUNTANT GENERAL OF TAMILNADU TEYNAMPET CHENNAI-18 ... RESPONDENT 4 in WP No.10418 of 2017,1556016980/17

THE DISTRICT FOREST OFFICER NILGIRIS NORTH DIVISION UDHAGAMANDALAM ...RESPONDENT NO.3 IN WP.15560/17 THE DIVISIONAL FOREST OFFICER CHENGALPET SOCIAL FORESTRY DIVISION KANCHEEPURAM ...RESPONDENT NO.3 IN WP.NO.16980/17 THE STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT FORT ST. GEORGE CHENNAI 9 DIRECTOR OF RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT PANAGAL BUILDINGS NO.1 JEENIS ROAD SAIDAPET CHENNAI 15 THE DISTRICT COLLECTOR COLLECTORATE THIRUVANNAMALAI DISTRICT THE ACCOUNTANT GENERAL ACCOUNTS AND ENTITLEMENT NANDHANAM CHENNAI 18 ... RESPONDENTS in WP No.23018 of 2015, 23019,23020/15 WP No.

9022 of 2015 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to count 50% of petitioners service for a period from 14.10.1983 to 5.10.1996 as Single and Double Part Time Vocational instructor along with regular service as Vocational Instructor for a period from 6.10.1996 to 30.6.2013, as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits WP No.9023 of 2015 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to count 50% of petitioners service for a period from 1.2.1979 to 31.3.1990 as Double Part Time Vocational instructor along with regular service as Vocational Instructor for a period from 1.4.

1990 to 31.5.2013, as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits WP No.

from 1.9.1980 to 31.3.1990 as Double Part Time Vocational instructor along with regular service as Vocational Instructor for a period from 1.4.1990 to 30.4.2000, as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits WP No.9025 of 2015 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to count 50% of petitioners service for a period from 1.9.1979 to 31.3.1990 as Single and Double Part Time Vocational instructor along with regular service as Vocational Instructor for a period from 1.4.1990 to 31.10.2014, which is the due date of retirement, as qualifying service for the purpose of pensionary benefits and to grant arrears of pension and other pensionary benefits WP No.

6219 of 2016 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to call for the records connected in Lr.O.Mu.Va.Ni2(2)/49506/2014, dated 17.2.2015 of the 4th respondent and quash the same in so far as the petitioner is concerned and direct the respondents to consider the claims of the petitioner and count half of service rendered prior to 1.6.1995 along with regular service for the purpose of pension and grant pension as per the revised norms and pay arrears within a reasonable time as was granted to Mr.Raju, Village Servant on the basis of the Court order. WP No.

11783 of 2016 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the claims of the petitioner and count half of service rendered prior to 1.6.1995 along with regular service for the purpose of pension and grant pension as per the revised norms and pay arrears within a reasonable time as was granted to Mr.Raju, Village Servant on the basis of the Honourable High Court Order which was also confirmed by the Apex Court WP No.11784 of 2016 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the claims of the petitioner and count half of service rendered prior to 1.6.

1995 along with regular service for the purpose of pension and grant pension as per the revised norms and pay arrears within a reasonable time as was granted to Mr.

WP No.11785 of 2016 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the claims of the petitioner and count half of service rendered prior to 1.6.1995 along with regular service for the purpose of pension and grant pension as per the revised norms and pay arrears within a reasonable time as was granted to Mr.Raju, Village Servant on the basis of the Honourable High Court Order which was also confirmed by the Apex Court WP No.11786 of 2016 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the claims of the petitioner and count half of service rendered prior to 1.6.

1995 along with regular service for the purpose of pension and grant pension as per the revised norms and pay arrears within a reasonable time as was granted to Mr.Raju, Village Servant on the basis of the Honourable High Court Order which was also confirmed by the Apex Court WP No.11787 of 2016 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the claims of the petitioner and count half of service rendered prior to 1.6.1995 along with regular service for the purpose of pension and grant pension as per the revised norms and pay arrears within a reasonable time as was granted to Mr.Raju, Village Servant on the basis of the Honourable High Court Order which was also confirmed by the Apex Court WP No.

13048 of 2016 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to count 50% of the past service rendered by the petitioner from 10.1.1990 to 26.10.2006 along with regular service for the purpose of granting pension and treat the petitioners service as regularised from 1.1.2006 and accordingly grant pensionary benefits and pay arrears to the petitioner based on the order of this Honourable Court in W.A. Nos. 1890 to 1893 of 2013 dated 8.10.2014.

WP No.27673 of 2016 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the claims of the petitioner and count half of service rendered by the petitioner husband prior to 1.6.1995 along with regular service for the purpose of pension

and grant pension and also family pension as per the revised norms and pay arrears within a reasonable time as was granted to Mr.Raju, Village Servant on the basis of the Honourable High Court which was also confirmed by the Apex Court WP No.27674 of 2016 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the claims of the petitioner and count half of service rendered by the petitioner husband prior to 1.6.1995 along with regular service for the purpose of pension and grant pension and also family pension as per the revised norms and pay arrears within a reasonable time as was granted to Mr.Raju, Village Servant on the basis of the Honourable High Court which was also confirmed by the Apex Court WP No.

27675 of 2016 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the claims of the petitioner and count half of service rendered by the petitioner husband prior to 1.6.1995 along with regular service for the purpose of pension and grant pension and also family pension as per the revised norms and pay arrears within a reasonable time as was granted to Mr.Raju, Village Servant on the basis of the Honourable High Court which was also confirmed by the Apex Court WP No.10418 of 2017 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1 to 3 respondents to count of half of service rendered by the petitioners husband as Plot Watcher from 1.7.1987 to 6.8.

2009 on temporary basis along with the regular service from 7.8.2009 till the date of death on 24.9.2016 as qualifying service fo9r the purpose of conferment of pension and to direct the respondents to sent pension proposal including family pension, Gratuity and Commuted Value of pension to the Fourth respondent to authorize the same with all consequential benefits within time frame WP No.15560 of 2017 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1 to 3 respondents to count the half of service rendered by the petitioner as Social Forestry Worker from 19.10.1983 to 23.01.1995 on temporary basis along with the regular service form 24.01.1995 till the date of retirement on 30.09.

respondent for grant of pension under old pension scheme with all consequential benefits within time frame WP No.16980 of 2017 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1 to 3 respondents to count the half of service rendered by the petitioner as Plot Watcher from 1.3.1985 to 6.8.2009 on temporary basis along with the regular service from 7.8.2009 till the date of retirement on 31.3.2017 as qualifying service for the purpose of conferment of pension and to direct the respondents to send pension proposal to the 4th respondent to authorize the same with all consequential benefits within time frame WP No.

23018 of 2015 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, calling for the records of the proceedings of the 3rd respondent issued in Na. Ka. No. 12569/2013 Pa. A. 4 dt 8.10.2013, and quash the same with consequential direction, directing the respondents to count half of the services rendered by the petitioner, as Panchayat Clerk from 1.6.1981 till 27.2.2008 along with the regular service rendered by him as Junior Assistant / Rural Welfare Officer Grade II from 28.2.2008 as qualifying service for the purpose of sanctioning of pension WP No.23019 of 2015 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, calling for the records of the proceedings of the 3rd respondent issued in Na. Ka. No. 12569/2013 Pa. A. 4 dt 8.10.

2013, and quash the same with consequential direction, directing the respondents to count half of the services rendered by the petitioner, as Panchayat Clerk from 1.9.1981 till 27.2.2008 along with the regular service rendered by him as Junior Assistant / Rural Welfare Officer Grade II from 28.2.2008 as qualifying service for the purpose of sanctioning of pension WP No.23020 of 2015 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, calling for the records of the proceedings of the 3rd respondent issued in Na. Ka. No. 12569/2013 Pa. A. 4 dt 8.10.2013, and quash the same with consequential direction, directing the respondents to count half of the services rendered by the petitioner, as Panchayat Clerk from 1.1.1982 till 13.7.

2008 along with the regular service rendered by him as Junior Assistant / Rural Welfare Officer Grade II from 14.7.

For Petitioners : Mr.R.Saseetharan,Ravikumar, K.Jenitha, G.Elancheziyan For Respondents : Mr.S.Gunasekaran, Additional Government Pleader Rani Sevlam,AGP V.Vijaya sankar, AGP C.C.Rangarajan,AGP M.Santhanaraman,AGP R.S.Selvam,T.S.Selvarani,AGP K.Dhananjeyan(Spl.GP) COMMON ORDER The common relief sought for in all these batch of writ petitions is to calculate 50% of the services rendered by the writ petitioners in the post of part time/Temporary/Casual in Government Departments for the purpose of counting the qualifying services in order to grant Pension under Tamil Nadu Pension Rules,1978.

2. The grievances advanced in these writ petitions are that the Government amended Rule 11 of the Tamil Nadu Pension Rules, in respect of qualifying the services and the amended Rule is extracted hereunder:

Rule 11 QUALIFYING SERVICE

1. "Commencement of qualifying service - {(1}) Subject to the provisions of these rules, qualifuing servive of a Goverbnment servant shall commence from the date he taken charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity. In the case of a Government servant retiring on or after the 1st October. 1969,2{.....} temporary or officiating service in a pensionable post whether rendered in a regular capacity or not shall count in full as qualifying service even it is not followed by confirmation.

(2) Half of the service paid from contingencies shall be allowed to count towards qualifying service for pension along with regular service subject to the following conditions:

● service paid from contingencies shall be in a job involving whole time employment and not part time for a portion of the day.

● Service paid from contingencies shall be in a type of work or job for which regular posts could have been sanctioned, for example Chowkidar.

● Service shall be for which the payment is made out on monthly or daily rates computed and paid on a monthly basis and which, though not analogous to the regular scale of pay, shall bear some relation in the matter of pay to those being paid for similar jobs being performed by staff in regular establishments.

● Service paid from contingencies shall be continuous and followed by absorption in regular employment without a break.

● Subject to the above conditions being fulfilled, the weightage for past service paid from contingencies shall be limited to the period after the 1st Januarty 1961 for which authenticated records of service may be available.

● Pension or revised pension admissible as the case shall be paid from the 23rd June 1988.] [Half of the service rendered by State Government employee under non-pensionable establishment shall be allowed to be counted for pensionary benefits along with regular service under pensionable establishment subject to the following conditions.

(a) Service under non-pensionable establishment should have been in a job involving whole time employment.

(b) The service under non-pensionable establishment should have been on time scale of pay.

(c) The service under non-pensionable establishment should have been continuous and followed by absorption in pensionable establishment without a break.

(3) These orders shall take effect from the date of this Government Order. In respect of those who retired prior

to the date of this order, eligible pension or revised pension, as the case may be, shall be paid from the date of this order, and that there can be no claim for arrears in any case for the period upto the date of this order.

Note: In the case of the employees of the former Pudukkottai State and persons transferred from the former Travancore-Cochin State consequent on the reorganisation of State temporary or officiating service rendered in a regular capacity under the former Pudukkottai State or the former Travancore-Cochin State shall count in full for purposes of pension:

Provided that- (a) in the case of a Government Servant, service rendered before attaining the age of eighteen years shall not count, except for compensation gratuity; (b) in the case of a Government Servant whose year and month of birth are known, but not the exact date the 16th of the month should be treated as the date of birth. When the year of birth is known but not the month and date 1st July if the year shall be taken.

(c) in the case of a Government Servant with no military service who gives on recruitment only his age, but not the year of his birth the year should be arrived at by deducting from the year of recruitment the given age and then the date of birth should be taken as the 1st July of that year:

Provided further that in the case of a Government servant with previous military service the date of birth is fixed as laid down below:

When a military employee is transferred to a civil department under the Government and assumes a civilian status, the date of birth to be entered in his service book should be the date stated by him at the time of attestation.

When the documents referring to the previous military service of an individual do not give the definite date of birth but only the age stated at te time of attestation, he should be assumed to have completed the stated age on the date of attestation e.g., if one exsoldier was enrolled on 1st January 1910 and if, on that

date, his age was stated to be 18, his date of birth should be taken as 1st Janurary 1892. This procedure will apply to cases arising on or after 27th June 1938. Notwithstanding anything contained above in cases where S.S.L.C. Or any other school certificate is available, the date of birth, as entered therein should be taken into account.

[Explanation.--For the purpose of date of birth, the word 'attestation' refers only to the initial records kept by the Defence Department at the time of appointment of the individual and not in the discharge certificate on discharge from the Defence Department.] '

3. While amending Rule 11(4)(iii), the Government imposed the cut-off date as 01.04.2003. It is stated that "Service rendered in non-provincialised service, consolidated pay, honorarium or daily wages basis shall be followed by absorption in regular service before 1st April 2003 without a break"

4. Thus, an employee who worked on temporary basis prior to 01.04.2003 and in case of his regularisation after 01.04.2003, he was held in-eligible to avail the benefit of 50% services rendered on temporary basis. The object of fixing the cut-off date as 01.04.2003 was to modify the pension scheme with effect from 01.04.2003, to one that of Contributory Pension Scheme. The writ petitioners claim that since, they are initially appointed on temporary basis prior to 01.04.2003, the same was resulted in confirmation of their appointment after 01.04.2003. Thus, they should not be denied the benefit of regular old Pension scheme of GPF under the Tamil Nadu Pension Rules,1978. The issue was raised by the employees of the Central Government and the Honourable Division Bench of this Court in the Case of Union of India Vs. K.Punniyakotti reported in 2014 [2] CTC 777 has held as follows:

"10. The only issue arises for consideration in this Writ Petition is as to whether new Pension Scheme, which came into force from 01.01.2004, applicable to persons, who were already in employment either on daily wages or as temporary employees and whetheer, they are entitled to get pension under CCS (Pension) Rules, 1972 on being absorbed in permanent establishment after 01.01.2004.

11. It is not in dispute that the private Respondents, the Respondents 1 to 16 herein were appointed as Causal Labourers in daily wage basis for cleaning and assisting the Technicians and Scientists carrying out the task in various Laboratories of IGCAR.

Government of India has introduced a scheme called "Causal Labourers (Grant of Temporary Status and Regularisation) Scheme , 1993", with effect from 01.09.1993. According to the said scheme, the Causal Labourers employed as on the date of the order, that was as on 01.09.1993, who have rendered one year of continuous service in IGCAR are bound to be conferred temporary employee status and, they are to be regularly selected under Group 'D'after selection for permanent absorption.

13. It is also not in dispute that under the scheme above referred , which acame into effect from 01.09.1993,50% if the service rendered under temporary status would be counted for the purpose of retirement benefits, after their absorption in regular post. The same is made clear in Para 5(iv) of IGCAR' s Office Order dated 13.01.2000. Para 5(iv) reads as follows:

14. Thus, it is to be noted at this juncture that Respondents 1 to 16 having been granted temporary status from 13.01.2000, they are entitled to get more than 21/2 years of temporary status service as qualifying service for pension purpose, prior to absorption in the year 2005 in permanent establishment , viz., Group 'D' post. The said more than 2 1⁄2 years of service cannot be wiped out or cannot be denied merely because new Pension Scheme was introduced by the Government of India from 01.01.2004. It is inequitable on the part of the Petitioners to contend that Respondents 1 to 16 having been absorbed in permanent establishment after the new Pension Scheme introduced, which came into force with effect from 01.01.2004, they are not entitled to get retirement benefits under GRF Rules/CCS (Pension) Rules , 1972.

17. The word "new entrant" has got a definite meaning , ä person, who enters recently" A person already in service either as contigent staff or temporary staff continuously and absorbed in permanent establishment on or after 01.01.2004 cannot be termed as "new entrant' into service . The new Pension Scheme can be applied only to persons appointed for the first time as casual or temporary or permanent employee on or after 01.01.2004.

18. Similar issue was considered by one of us (N.P.V., J.) in W.P. Nos.26933 & 26934 of 2007, order dataed 23.04.2008. In the said case, the order of the Government of Tamil Nadu dated 06.08.2004 introducing new Pension Scheme with effect from 01.04.2003 came up for consideration and it was held that persons appointed /recruited after 01.04.2003 are not governed under the

Tamil Nadu Pension Rules, 1978 and the persons appointed prior to the said date even in consolidated salary, or whose appointments as Secondary Grade Teachers were approved subsequently with time scale pay after passing Child Psychology Training, Whose earlier services were ordered to be counted by the Division Bench of this Court. In the said case the Teachers were not paid salary before passing of Child Psychology Training, and they were ordered to be treated under the Tamil Nadu Pensions Rules, 1978 as their initial appointment was prior to 01.04.2003, and the said order was implemented.

20. Number of similar cases were considered in respect of the State Government employee under the Tamil Nadu Pension Rules, 1978, wherein also Rule 11(2) of the Tamil Nadu Pension Rules, 1978 provides counting of 50% of the contingency service on similar terms and conditions as enumerated under the above Rule 14(2) of CCS (Pension) Rules, 1972. In the said case Plot Watcher of 'Forest Department, appointed on daily wage basis from 01.09.1982, without interruption was absorbed in regular service from 24.08.2005 and he retired on 31.07.2011. Applying Rule 11(2) of Tamil Nadu Pension and Rules 1978, 50% of the service from 01.09.1982 till 23.08.2005 was ordered to be counted along with the regular service from 24.08.2005 till 31.07.2011 and ordered sanction of eligible pension and other benefits .

In the said case also, regularisation was granted after the new Pension Scheme was introduced with effect from 01.04.2003 by the State Government . The said Order was made in W.P.No. 8205 of 2011 dated 19.04.2011, which was confirmed in W.A.No.27 of 2012 dated 13.02.2012 as well as in S.L.P.No.16119 of 2012 dated 10.05.2012 and in W.P.No.14987 of 2012 dated 14.06.

22. Similar issue regarding fixing of Pension by adding dearness pay by giving cut-off date was held arbitrary and violative of Articles 14 & 16 of the Constitution of India by the Supreme Court in the decision reported in Kallakkurichi Taluk Retired Officials Association v.State of Tamil Nadu, 2013(1) LLN 360 (SC) (2) SSC 772. The discriminatory treatment meted out to retired persons while granting Pension was not approved by the Honourable Supreme Court in the decision reported in D.S. Nakara v. Union of India, AIR 1983 SC 130."

5. The Honourable Division Bench after discussing the similar issue had dismissed the writ petition filed by the Union of India, confirming the order passed by the Central

Administrative Tribunal in respect of the Central Government Employees. During the course of discussion, the Honourable Division Bench has discussed the very same issue in respect of the Tamil Nadu Pension Rules also and the learned Single Judge (NPVJ) has decided the issue in respect of the Tamil Nadu State Pensioners with relevance to the Tamil Nadu Pension Rules. Thus, the writ petitioner in these batch of writ petitions are also entitled for the same benefit of counting of 50% of the temporary services as per the amended Rule 11 of the Tamil Nadu Pension Rules. Even in case of petitioners appointed on temporary basis prior to 01.04.2003 and confirmation of service was done after 01.04.2003. They are still entitled to avail the benefit of 50% of the counting of past services rendered on temporary basis as per the conditions stipulated in the Rule 11 of the Tamil Nadu Pension Rules,1978.

6. The respective respondents in all these writ petitions have to consider the case of these writ petitioners in accordance with the terms and conditions stipulated in the amended Rule 11 of the Tamil Nadu Pension Rules,1978. Accordingly, the benefit of extension of 50% of the services shall be extended, if the writ petitioners are qualified and eligible, based on the findings in this judgment (cited supra) as well as amended Rule 11 of the Tamil Nadu pension Rules.

7. In respect of the Rule 11(iv) prescribing cut of date of 01.04.2003, this Court vide order dated 18.06.2014 made in W.P.No.24236 of 2013, had quashed Rule 11(iv) only in respect of the cut off date of 01.04.2003. Thus, the Rule 11(iv) is not in existence.

8. The learned Special Government Pleader also confirmed that the State has not preferred any appeal against the said judgment. Thus, the case of the writ petitioners has to be considered without reference to the cut off date of 01.04.2003 and Rule 11(iv) of the Pension Rules. However, the writ petitioners have to fulfill all other conditions stipulated in Rule 11(i,ii, and iii) of the Tamil Nadu Pension Rules, 1978 as applicable to the respective writ petitioners in these writ petitions.

9. Accordingly, all the rejection orders passed in this regard in these writ petitions are quashed. The respondents are directed to reconsider the case of the writ petitioners, in the light of the observations made in this judgment for the purpose of granting the relief of counting of service of 50% of the services rendered on temporary basis and pass appropriate orders in accordance with Rule 11 of the Tamil Nadu Pension Rules, 1978

and communicate the same to the writ petitioners as early as possible, preferably within a period of four months from the date of receipt of a copy of this order.

10. In respect of the in-service candidates, the GPF Account has to be opened after closing the CPF Account, opened on account of the cut of date of 01.04.2003, since, the cut of date was already quashed by this Court and there was no appeal against the order.

11. Accordingly, the writ petitions stand disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To 1.The Government of Tamil Nadu, rep.by its Secretary, School Education Department, Fort St.George, Chennai-600 009.

2.The Director of School Education, College Road, Chennai-600 006.

3.The Joint Director of School Education (Vocational), College Road, Chennai 600 006.

4.The Chief Educational Officer, Villupuram District, Villupuram.

5. THE CHIEF EDUCATIONAL OFFICER TRICHY DISTRICT TRICHY

6. THE CHIEF EDUCATIONAL OFFICER DHARMAPURI DISTRICT DHARMAPURI

7. THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, CHENNAI-9.

8. THE PRINCIPAL COMMISSIONER AND COMMISSIONER OF REVENUE ADMINISTRATION, CHEPAUK , CHENNAI-5.

9 . THE ACCOUNTANT GENERAL (A&E), TEYNAMPET, CHENNAI-18.

10. THE ASSISTANT COMMISSIONER-3 REVENUE ADMINISTRATION DISASTER MANAGEMENT AND MITIGATION DEPARTMENT CHEPAUK CHENNAI- 5.

11. THE REVENUE DIVISIONAL OFFICER VRIDDHACHALAM CUDDALORE DISTRICT.

12. THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT , SECRETARIAT , CHENNAI-9

13. THE DIRECTOR ,GOVERNMENT EXAMINATIONS , COLLEGE ROAD , CHENNAI-600 006. 14 THE SECRETARY TO GOVERNMENT, GOVERNMENT EXAMINATIONS CHENNAI-600 006.

THE SECRETARY TO GOVERNMENT , ENVIRONMENT AND FOREST DEPARTMENT , FORT ST. GEORGE, CHENNAI-9 16 THE CHIEF PRINCIPAL CONSERVATOR OF FOREST, PANAGAL BUILDING , SAIDAPET, CHENNAI-15 17 THE DISTRICT FOREST OFFICER, SOCIAL FORESTRY DIVISION, KALLAKURICHI , VILLUPURAM DISTRICT 18 THE PRINCIPAL ACCOUNTANT, GENERAL OF TAMILNADU, TEYNAMPET , CHENNAI-18 19 THE DISTRICT FOREST OFFICER NILGIRIS NORTH DIVISION UDHAGAMANDALAM 20 THE DIVISIONAL FOREST OFFICER , CHENGALPET SOCIAL FORESTRY DIVISION KANCHEEPURAM ...RESPONDENT NO.3 IN WP.NO.16980/17 21 THE SECRETARY TO GOVERNMENT RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT FORT ST. GEORGE CHENNAI 9

22 THE DIRECTOR OF RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, PANAGAL BUILDINGS , NO.1, JEENIS ROAD , SAIDAPET, CHENNAI 15 23 THE DISTRICT COLLECTOR, COLLECTORATE , THIRUVANNAMALAI DISTRICT 24 THE ACCOUNTANT GENERAL ACCOUNTS AND ENTITLEMENT , NANDHANAM , CHENNAI 18 +1CC TO Mr.S.Balaji,Advocate sr.58101 +3cc to Mr.V.Ravikumar, Advocate sr.57289 to 57291 +2cc to Mr.V.Vijay shankar,Advocate sr.57834,57833 +3cc to k.jenitha, Advocate sr.57213 to 57215 +10cc to Mr.G.Elanchezhiyan,Advocate sr.58017,etc., +1cc to Special Government Pleader (Forest), sr.57439 +8cc to Government Pleader sr.57958 WP.Nos.9022 to 9025 etc., and batch AR(IV) SS(7/9/2017)