R.Manjula v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2023 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.22109 of 2021 and WMP.Nos.23327 & 23328 of 2021 R. Manjula ... Petitioner Vs.
1. The Commissioner Mettupalayam Municipality Mettupalayam, Coimbatore District.
2. The Commissioner for Municipal Administration No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram Chennai 600 028.
3. The Director of Local Fund Rep. by Assistant Director, Kuralagam Buildings, Chennai 600 104.
4. The Secretary to Government of Tamil Nadu Municipal Administration and Water Supply Department (in the cadre of Additional Chief Secretary) Fort St.George, Chennai 600 009.
(R4 impleaded vide order dated 26.04.2022 made in WMP.No.10137 of 2022 in W.P.No.22109 of 2021 by DKKJ) ... Respondents Page No.1 of 7
PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the 3rd respondent dated 09.10.2014 issued to the 1st respondent in Mu.Mu.No.29519/Naocha (3)/2014 and quash the same and consequently to direct the 3rd respondent to grant family pension to the petitioner as well as eligible retirement benefits her husband namely Ratnam with 24% per annum from the date of death of her husband within the prescribed time limit.
For Petitioner :
Mr.P.I.Thirumoorthy For Respondents :
Mr.T.Chezhiyan Addl. Government Pleader
O R D E R
The present Writ Petition has been filed for issuance of a Writ of Certiorarifed Mandamus to quash the impugned order issued by the 3rd respondent in proceedings Mu.Mu.No.29519/Naocha (3)/2014 dated 09.10.2014 and consequently direct the 3rd respondent to grant family pension to the petitioner as well as eligible retirement benefits of her husband namely Ratnam with 24% per annum from the date of death of her husband within the prescribed time limit.
2. It is the case of the petitioner that her husband was working as Sanitary Worker on daily wages (substitute) in terms of proceedings of the 1st Page No.2 of 7
respondent dated 07.02.1986 in Na.Ka.No.7885/85/H1. Thereafter Government of Tamil Nadu issued a G.O.Ms.No.71 MAWSS (ME3) Dept dated 05.05.1998 directing all municipalities/Corporations to bring the daily wages employees under regular time scale by prescribing norms. As per norms prescribed provided in sub clause (i) of clause (1) of para 3 of the said G.O., the substitute / daily wages sanitary workers who had served in municipalities for a period more than 10 years shall be appointed under consolidated pay first and then his service should be regularised from the date of completion 3 years consolidated pay service. Since her husband had completed more than 12 years service on the date of issuance of above mentioned G.O, her husband was appointed under consolidated pay on 05.05.1998 in terms of G.O.
71 by the 1st respondent in his proceedings Na.Ka.No.5305/97/H1 dated 05.05.1998 in which her husband name was placed in serial No.24. The 1st respondent in his proceedings dated 01.07.1999 in Na.Ka.No.5305/97/H1, brought the consolidated pay employees including her husband who had completed one year service (07.05.1998 to 06.05.1999) under regular time scale of Rs.2550-55-2660-603200 with effect from 01.07.1999. Hence the petitioner's husband service was Page No.
regularised on 01.07.1999 itself and he was eligible to claim regular Pension on the date of his death under old Pension scheme and hence consequently the petitioner is entitled for Family pension and retirement arrears of petitioner's husband. The 3rd respondent has failed to consider that when similarly placed legal heirs were granted pension, the denial to the petitioner alone would be violation of Article 14 of the constitution between similarly placed persons and also failed to consider that till date regularisation done to the petitioner's husband was not disturbed and hence the petitioner is entitled to claim eligible retirement benefits of her husband and consequential family pension. Hence, the present Writ Petition.
3. Today when the matter was taken up for hearing, the learned Additional Advocate General - II Assisted by Mr.T.Chezhiyan, learned Additional Government Pleader furnished a copy of the letter (3P) No.02, dated 08.03.2023 of the Municipal Administration & Water Supply Department, Fort St.George, Chennai addressed to the Director of Local Fund Audit, Chennai and the relevant paragraphs 9 & 10 of the said letter are worth extracting.
Page No.4 of 7
4. In view of the above, this writ petition is disposed of and the pension arrears consequent to the order passed by the first respondent dated 08.03.2023 shall be settled to the petitioner within a period of six months from the date of receipt of a copy of this order. No costs. Consequently connected miscellaneous petition is also closed. 01.08.2023 dpq Index :
Yes/No Speaking Order :
Yes/No To:
Page No.5 of 7
1. The Commissioner Mettupalayam Municipality Mettupalayam, Coimbatore District.
2. The Commissioner for Municipal Administration No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram Chennai 600 028.
3. The Director of Local Fund Rep. by Assistant Director, Kuralagam Buildings, Chennai 600 104.
4. The Secretary to Government of Tamil Nadu Municipal Administration and Water Supply Department (in the cadre of Additional Chief Secretary) Fort St.George, Chennai 600 009.
(R4 impleaded vide order dated 26.04.2022 made in WMP.No.10137 of 2022 in W.P.No.22109 of 2021 by DKKJ)
5. The Assistant Director of Local Fund Audit Integrated Complex for Finance Department Animal Husbandry Hospital Campus, Nandanam, Chennai 600 035.
J. SATHYA NARAYANA PRASAD, J.
dpq Page No.6 of 7
Writ Petition No.22109 of 2021 01.08.2023 Page No.7 of 7