The Government Of Tamil Nadu v. C.Rajendran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Writ Appeal Nos.2240, 2241 & 2244 of 2018 and CMP Nos.17869 & 17874 of 2018 WA No.2240/2018
1. The Government of Tamil Nadu Rep. by the Agricultural Production Commissioner and Principal Secretary to Government, Secretariat, Chennai 600 009.
2. The Principal Secretary to Government, Finance Department, Secretariat, Chennai 600 009.
3. The Commissioner of Agriculture, Chepauk, Chennai 600 005.
.. Appellants/1-3 Respondents Vs.
1 C.RAJENDRAN 2 V.PARAMANANDAM 3 THE TAMIL NADU CO-OPERATIVE OILSEEDS GROWERS FEDERATION LTD(TANCOF) REP BY LIQUIDATOR, 55 THIRUVIKA INDUSTRIAL ESTATE, EKATTUTHANGAL, CHENNAI-600032.
1/13
4 THE PRINCIPAL ACCOUNTANT GENERAL (ACCOUNTS AND ENTITLEMENTS) 361 ANNA SALAI CHENNAI-600018 5 C.SOUNDARARAJAN 6 S. KARTHIKEYAN 7 V.C.SAKTHIVEL 8 R.K.PARIMELAZAGAN 9 RAMANATHAN 10 D. DEVARAJ 11 S. RAJENDRAN 12 P. NAGARAJAN 13 C. PERUMAL 14 R. RAJAMANI 15 P. SIVALINGAM 16 A. MURUGAN 17 D.RAVIKKUMAR 18 K.PANDIAN 19 N.NATARAJAN 20 P.NADANAGOPAL 21 V.SHEELADEVI 22 K.RAYAR 23 A.SOUNDARAPANDIAN 24 A.SUBRAMANIAN 25 A.ELUMALAI 26 G.RAJKUMAR 27 M.ABDUL KAREEM 28 P.KARUNANITHI 29 R.MANOHARAN 30 S.JEYAKRISHNAN 2/13
31 S.CHANDRASEKARAN 32 S.RAMASAMY 33 A.VELAVAN 34 G.DHANDAPANI 35 S.SRIPAUL 36 N.M.T. SOLOMON SELVA SEKAR 37 P.PANDIAN 38 G.SAMPATH 39 P.PRABAVATHY 40 K.SELVARAJU 41 K.RAJENDRAN 42 T.PALSAMY 43 S.RAVI 44 G.GANDHIRAJ 45 S.SELLADURAI 46 S.JEYAVELU 47 P.CHANDRASEKARAN 48 R.GURURAJAN 49 M.KRISHNAN 50 P.BHANUMATHI 51 D.KALAISELVI 52 S.KANNIYAAPPAN 53 R.GAJENDRAN 54 S.TAMILMANI 55 K.PARTHASARATHY RR5 to 55 implead as party vide Cout Order dated 13.09.2021 made in CMP No.24175/2019 in WA No.2240/2018 3/13
56 K.P.PAULSAMY 57 B.R.HEMAN RAJ 58 S.MANOGARAN 59 S.SELVAKANDAN 60 M.MALLIGA 61 R.GANDHI 62 S.KARPAGAPONNI 63 V.PUNITHA 64 V.RAJENDIRAN 65 G.KRISHNAVIJAYAN 66 K.KASINATHAN 67 V.MANI 68 R.PANNERSELVAM 69 S.KAMARAJ 70 S.KRISHNAMURTHY 71 P.BALAKRISHAN 72 C.JAYABAHADUR 73 L.PREMBAHADUR 74 P.GOVINDA PRASAD 75 R.MUTHUKRISHNAN 76 A.KALAIARASAN .. Respondents RR56 to 76 impleaded as party respondent vide Court order dated 27.10.2021 made in CMP No.16192/2021 in WA No.2240 of 2018 Prayer: Writ Appeals filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P. No.3356 of 2014 dated 10.11.2017. For Appellants : Mr. L.S.M. Hasan Fizal Additional Government Pleader 4/13
For Respondents : Ms.S.Sasikala, for RR 5 to 76 No appearance for RR 1 to 4 WA No.2241/2018
1. The Government of Tamil Nadu Rep. by the Agricultural Production Commissioner and Principal Secretary to Government, Secretariat, Chennai 600 009.
2. The Principal Secretary to Government, Finance Department, Secretariat, Chennai 600 009.
3. The Commissioner of Agriculture, Chepauk, Chennai 600 005.
.. Appellants/1-3 Respondents Vs.
1 M.Palani
2. C.Kuppusamy
3. M.Renu
4. A. Krinamurthi
5. P.Raghupathy
6. Tamil Nau Co-operative Oil Seeds, Growers Federation Limited (TANCOF), Rep. by Liquidator, 55, Thiruvika Industrial Estate, Eekadhuthangal, Chennai 32.
7. Tamil Nadu Co-operative Marketing Federation Ltd., (TANFED), Rep. by Managing Director, No.91, Saint Marys Road, Chennai 18.
8. The Principal Accountant General, (Accounts and Entitlements) 361 Anna Salai, Chennai 600 018. ... Respondents/4-6 Respondents 5/13
Prayer: Writ Appeals filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P. No.3355 of 2014 dated 10.11.2017. For Appellants : Mr. L.S.M. Hasan Fizal Additional Government Pleader For Respondents : RR 1, 3 to 8 - No appearance R2 - Vacated WA No.2244/2018
1. The Government of Tamil Nadu Rep. by the Agricultural Production Commissioner and Principal Secretary to Government, Secretariat, Chennai 600 009.
2. The Principal Secretary to Government, Finance Department, Secretariat, Chennai 600 009.
3. The Commissioner of Agriculture, Chepauk, Chennai 600 005.
.. Appellants/1-3 Respondents Vs.
1 M.PALANI 2 S.SUBRAMANIAN 3 J.BALACHANDRAN 4 S.SUNDARAVADIVAL 5 R.S.VEDANANDAN 6 V.K.GUNASEKAR 6/13
7 S.VIJAYARANGAN 8 C.VENKATESAN 9 V.DEVRAJ 10 A.DHAYALAN 11 M.DEVARAJ 12 K.LAKSHMANAN 13 K.LAKSHAMANAN 14 B.VISHNU PRASAD 15 A.NAGAMANI GANDHI 16 A.KALAIMANI 17 J. KARTHIKEYAN 18 V.SUBRAMANIAN 19 R.KANDASAMY
20. TAMIL NAU CO-OPERATIVE OIL SEEDS, GROWERS FEDERATION LIMITED (TANCOF), REP. BY LIQUIDATOR, 55, THIRUVIKA INDUSTRIAL ESTATE, EEKADHUTHANGAL, CHENNAI 32.
21. THE PRINCIPAL ACCOUNTANT GENERAL, (ACCOUNTS AND ENTITLEMENTS) 361 ANNA SALAI, CHENNAI 600 018.
22 K.JAYARAMAN 23 P.GOVINDASAMY 24 M.PADMANABAN 25 K.RANGANATHAN 26 M.VIJAYAN 27 T.SIVARAJ 28 G.A.SUBRAMANI .... Respondents RR22 to 28 impleaded as party respondent vide Court order dated 27.10.2021 made in CMP 1237/2020 in WA No.2244/2018 7/13
Prayer: Writ Appeals filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P. No.2623 of 2014 dated 10.11.2017. For Appellants : Mr. L.S.M. Hasan Fizal Additional Government Pleader For Respondents : Mr.M.Ravi, for R1 Ms.Nalini Chidambaram, Senior Counsel for Ms.C.Uma, for R22 to 27 No appearance for RR 2 to 15, 17, 19 to 21 R16- Insufficient Address R 18 - Died C O M M O N J U D G M E N T (Judgment of the Court was delivered by R.SUBRAMANIAN, J.) Challenge in these Appeals by the Government is to the orders of the Writ Court directing inclusion of 50% of services rendered by the petitioners in the Tamil Nadu Co-operative Oilseeds Growers Federation Limited (TANCOF), a non-pensionable establishment. 8/13
2. It is not in dispute that the petitioners were employed as permanent employees in the said Corporation and upon its liquidation they are absorbed in various Departments of the Government. The fact that the service was continuous without break is also not disputed. The Writ Court had considered the impact of Rule 11(3) of the Tamil Nadu Pension Rules, which reads as follows:
"11. Commencement of qualifying services:-
(3) Half of the service rendered by a Government servant under non-pensionable establishment shall be counted for retirement benefits along with regular service under pensionable establishment subject to the following conditions:- (i) Service under non-pensionable establishment shall be in a job involving whole time employment.
(ii) Service under non-pensionable establishment shall be on time scale of pay and 9/13
(iii) Service under non-pensionable establishment shall be continuous and followed by absorption in pensionable establishment without a break. Provided that in respect of those who retired prior to the 14th February, 1996, the retirement benefit or revised retirement benefit, as the case may be, admissible to them shall be paid from the 14th February, 1996 and there shall be no claim for arrears in any case, for the period up to the 13th February, 1996."
to reach the conclusion that the petitioners would be entitled to 50% of the service rendered by them in the Corporation to be added to their service in the Government while computing their pensionary benefits.
3. In the light of the clear language of the Rule, we are unable to countenance the contention of the learned Government Pleader to the effect that the Government has already considered their request leniently and have 10/13
absorbed them. The absorption was totally on a different ground due to the liquidation of the Corporation. Therefore, the fact that the Government had decided to absorb these employees would not absolve the Government of the statutory liability and denude the petitioners of their statutory right conferred on them by the Pension Rules. Hence we do not find any merit in the Appeals, the Writ Appeals are dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. (R.S.M., J.) (S.S.K., J.) 03.01.2023 Index: No Internet: Yes Speaking order jv Note: Issue order copy on 05.01.2023 11/13
To
1. The Agricultural Production Commissioner and Principal Secretary to Government, Government of Tamil Nadu Secretariat, Chennai 600 009.
2. The Principal Secretary to Government, Finance Department, Secretariat, Chennai 600 009.
3. The Commissioner of Agriculture, Chepauk, Chennai 600 005.
4. The Liquidator, Tamil Nadu Co-operative Oilseeds Growers Federation Ltd (TANCOF) 55 Thiruvika Industrial Estate, Ekattuthangal, Chennai-600032.
5. The Principal Accountant General (Accounts and Entitlements) 361 Anna salai, Chennai-600018 12/13
R.SUBRAMANIAN, J.
and SATHI KUMAR SUKUMARA KURUP, J.
(jv) Writ Appeal Nos.2240, 2241 & 2244 of 2018 and CMP Nos.17869 & 17874 of 2018 03.01.2023 13/13