Kasthuri.V v. The Prl.Accountant General (A And E)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2024
CORAM
THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR 1.V.Kasthuri 2.P.Goma 3.C.Jhonsi Rajam 4.D.Arunadevi 5.P.Arumugam 6.M.Vijayamma 7.V.Jeyalakshmi 8.S.Seeniammal 9.A.Angalaeswari 10.D.Sankareswari 11.S.Parvathi 12.K.Subbulakshmi 13.I.C.Velammal 14.A.Sagunthala 15.S.Maheswari 16.P.Pooranam 17.A.Prema
18.R.Mallika 19.P.Kuppammal 20.M.Valivittal 21.M.Usharani 22.S.Kalarani 23.A.Manimegalai 24.S.Manimekalai 25.V.Poomalai 26.A.Lakshmi 27.M.Thenmozhi 28.S.Jayanthi 29.R.Gomthinayahi Sundarampal 30.K.Jeyarani 31.S.Ronickai Mary 32.K.Renuga 33.S.Pasubathi 34.M.Vasantha 35.S.Indrani 36.P.Janaki 37.M.Chinnadevi 38.A.Senthamarai Selvi 39.P.Chandrakumari 40.Chellathankam
41.T.Seela 42.P.Dhanaseeli 43.S.Meenatchi 44.M.Chandra 45.A.Thangabackiyam 46.C.Rajeswari 47.S.Maheswari 48.B.Pushpavalli 49.M.Sundarambal 50.J.Rajeswari 51.K.Meenakshi 52.G.Jayanthi 53.P.Parvatham 54.R.Vijayarani 55.T.K.Mallika 56.A.Rajeswari 57.T.Suseela 58.D.Sumathi 59.R.Guna 60.K.Sargunadevi 61.M.Vetriselvi 62.K.Mekala 63.R.Ponnuruvi
64.D.Vasantha 65.S.Gowri 66.V.Savuthiri 67.S.Jothiammal 68.R.Lalitha 69.S.Annammal 70.R.Sambukutty 71.V.Kalaiselvi 72.K.Palaniammal 73.R.Kaliammal 74.K.Kasmbal 75.R.Kalavathi 76.N.Suseela 77.S.Premavathi 78.A.Valarmathi 79.K.Vimala 80.P.Silambu Selvi 81.P.Krishnaveni 82.C.Vallinayagam 83.B.Amirthaveni 84.R.Jeevarathnam 85.N.Renukadevi 86.P.M.Parasakthi
87.R.Bhuvaneswari 88.D.Jayalakshmi 89.P.Rukumani 90.D.Navajothi 91.R.Krishnaveni 92.M.Chellammal 93.V.Swarnambal 94.S.Rosemery 95.P.Banu 96.A.Thamilarasi 97.S.Leemarose 98.P.Udayamalar 99.S.Sundari 100.A.Malliga 101.M.Thangamery 102.R.Soundari 103.J.Ranibai 104.K.Mallika 105.Thilagavathi 106.M.Sucila 107.A.Sakunthala 108.P.S.Tamilarasi 109.B.Jansirani
110.N.Saraswathi 111.A.P.Saradha 112.G.Kuppayee 113.P.Amutha 114.S.Vasantha 115.M.Kasambal 116.M.Palaniammal 117.A.Vengalakshmi 118.N.Uma 119.M.Manoranjitham 120.Baby 121.K.Vijayalakshmi 122.T.Dhanavalli 123.M.Vijaya 124.Narmatha 125.A.Samuthravilli 126.G.Thangammal 127.P.Periyanayagam 128.P.Susila 129.N.A.Vijayalakshmi 130.D.Yesadval 131.S.Narayani 132.D.Banumathi
133.C.Tamilselvi 134.A.Elamathi 135.A.Jayakodi 136.A.Fatima A.Rani 137.A.Kumuthavalli 138.D.Unnamalai 139.M.Rani 140.C.Pitchaiammal 141.M.Palaniammal 142.S.Jeyalakshmi 143.M.Ranjitham 144.P.Saravanan 145.R.Sengeni 146.R.Thilagam 147.B.Thiribura Sundari 148.N.Meenambal 149.P.Porkodi 150.P.Rajalskahmi 151.C.Roselinmery 152.R.Hemalatha 153.S.Gowri 154.R.Visalachi 155.R.Ammani
156.B.Parimala 157.R.Usharani 158.K.Tamilarasi 159.K.Govindammal 160.M.Chandra 161.S.Vasanthamani 162.N.Jothi 163.T.Poongothai 164.P.Jothi 165.K.Rajamani 166.S.Mallika 167.A.Dhanabagyam 168.S.Jeevagandhi 169.M.Dhanalakshmi 170.C.Rajeswari 171.K.M.Noorjehan 172.R.Jeya 173.P.Jeyalakshmi 174.A.Mallika 175.B.Kalapaty 176.S.Radha 177.N.Gowri 178.P.Usharani
179.M.Kanagavalli 180.S.Ilavarasi 181.T.Nagamani 182.K.Kuppulakshmi 183.K.Mallika 184.V.Maragatham 185.M.Indirani 186.K.Sumathi 187.S.Sarojini 188.T.Maragatham 189.R.Tamilselvi 190.M.M.Naaki 191.B.Soruparani 192.D.Kosala 193.S.Sulosana 194.S.Amutha 195.S.Samathanamary 196.C.Susila 197.E.Sathya Bama 198.S.Nagarathanam 199.T.Krishnaveni 200.K.Udayakumari 201.S.Chitra Chokkalingam
202.M.Selvi 203.S.Pushpalatha 204.A.Vijaya 205.N.Ponninselvam 206.S.Asothai 207.K.Vasantha 208.N.Susila 209.G.Nalayani 210.K.Periyamma 211.K.Manickavalli 212.L.Thirupavai 213.G.Kaveriammal 214.M.K.Kamalakshi 215.N.Arunthathi 216.S.Elavarasi 217.K.Kalaiselvi 218.S.Vijayalakshmi 219.N.Unnamalai 220.G.Anandhalakshmi 221.D.Manimekalavathi 222.K.Vijayalakshmi 223.N.Mallika 224.M.Ambiga
225.A.Thilagavathi 226.R.Rani 227.M.Amalorpavamary 228.C.Thilagam 229.M.Valliammai 230.E.Santhakumari 231.S.Deivasikamani 232.S.Jambukeswari 233.V.Banumathi 234.P.Madheswari 235.P.Malarkodi 236.R.Shanthi 237.V.Vimalarani 238.R.Sakunthalamani 239.N.Chandra Gandhi 240.R.Vairamani 241.K.Saroja 242.R.Santha 243.M.Subbulakshmi 244.K.Thulasithara 245.A.Prema 246.M.Pandiammal 247.P.Manonmani
248.G.Sivaprasanthini 249.A.Rajammal 250.A.Kasthuri 251.R.Mangayarkarasi 252.M.Usharani 253.C.Prema 254.M.Saroja 255.M.Senthamarai 256.P.Athilakshmi 257.E.Dhanalakshmi 258.M.Jeyalakshmi 259.R.Vijayakumari 260.J.Mahalakshmi 261.S.Umamaheshwari 262.D.Maheshwari 263.J.Mallika 264.V.Sumathi 265.N.Gowri 266.K.Poovarasi 267.P.Chinnammal 268.R.Amudha 269.J.Amsabai 270.K.Thamilarasi
271.M.Sugantha 272.R.Tamilselvi 273.A.Alfonsa Mari 274.G.Kudiarasi 275.P.Bhavani 276.A.Louisa 277.M.Kasthuri 278.T.Vasanthi 279.T.Singaaram 280.R.Gunathandari 281.G.Mangammal 282.R.Paanjaali 283.S.Saraswathi 284.M.Indi Rani 285.R.Janki 286.D.Rani 287.N.Pushpa 288.P.Poovathal 289.K.Senthamarai Selvi 290.S.N.Nallammal 291.V.Rajammal 292.V.Mallika 293.M.Parimalam
294.A.Dhanamani 295.T.Lakshmi 296.A.Venmathi 297.P.Sathyavani 298.K.Puspa 299.U.Palaniammal 300.M.Rukmani 301.N.Sivagami 302.P.Parameswari 303.P.Lakshmi 304.K.Suseela 305.P.Mylambal 306.N.Gomathi 307.P.Subbulakshmi 308.G.Indirani 309.Thilgamani 310.J.Vijayabhavani 311.M.Bagyalakshmi 312.V.Subbhalakshmi 313.R.Valarmathy 314.R.Jothi 315.K.Kanmani 316.V.Krishnaveni
317.V.Vanmathi 318.P.Chandra 319.K.Jothi 320.B.Subaithunnisa 321.S.Balammal 322.K.Rabiya Begam 323.S.Malar Vizhi 324.M.Samarasam 325.K.Dhamayanthi 326.K.Periyakuzhanthai 327.P.Radha 328.R.Mallika 329.P.Seethalakshmi 330.T.Radha 331.D.Kalavathi 332.N.Pappathi 333.K.Jothi 334.S.Dhanam 335.R.Bagyalakshmi 336.J.Arul Mani Anthoniammal 337.A.Maragatham 338.G.Tamilmani 339.S.Ramesh
340.G.Vasanthakumari 341.S.Anbuselvi 342.C.Subbulakshmi ... Petitioners Vs.
1.The Principal Accountant General (A&E), Accountant General Department, No.361, Anna Salai, Chennai-600 018.
2.The Secretary, Finance Department, Government of Tamil Nadu, Chennai.
3.The Principal Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Secretariat, Chennai-600 009.
4.The Commissioner of Social Welfare, Panagal Maaligai 2nd Floor, Saidapet, Chennai-600 015.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus to call for the records pertaining to G.O.Ms.No.41 of Social Welfare and Nutritious Meals (r.e.1) Department, dated 29.08.2019 passed by the 3rd respondent and quash the same and
consequently direct the respondents to calculate the pension including in service rendered by the petitioners as Bala Sevika along with regular time scale of service.
For Petitioners :
Mr.T.S.Mohamed Mohideen For R1 :
Mr.P.Gunasekaran Additional Central Government Standing Counsel For RR2 to 4 :
Mr.D.Sasikumar Additional Government Pleader
ORDER
All the petitioners herein, who were initially appointed as Bala Sevikas in different Panchayat Unions on consolidated pay, were awarded regular time scale of pay and absorbed as Rural Welfare Officers Grade-II and subsequently, they were promoted to different categories and retired from service while working in regular time scale of pay. The services of all the petitioners were absorbed after 01.04.2003 only. The Government having taken note of the fact that none of the petitioners have put in qualifying service for grant of pension under Tamil Nadu Pension Rules, 1978, issued
the impugned Government Order in G.O.Ms.No.41, Social Welfare and Nutritious Meal Department, dated 29.08.2019 granting a special pension of Rs.2,000/- on compassionate grounds to the petitioners. Aggrieved by the said Government Order, fixing only an amount of Rs.2,000/- as pension, the petitioners approached this Court by filing the present writ petition.
2. The learned counsel for the petitioners, having been confronted with a decision of a learned Full Bench of this Court in W.A.No.158 of 2016 and batch, dated 03.12.2019, wherein the claim of the employees, who were regularised after 01.04.2003 for the purpose of extending the benefit under Rule 11(2)(iv) of the Tamil Nadu Pension Rules, was negatived, practically left with no other ground to contest G.O.Ms.No.41, dated 29.08.2019. However, it is contended by the learned counsel for the petitioners that persons, who are similarly situated like the petitioners in this writ petition, have approached this Court on number of earlier occasions and learned Single Judges as well as learned Division Benches of this Court passed different orders extending the benefit of counting the past service rendered by them on temporary basis prior to their date of absorption into service without
reference to the cut off date of 01.04.2003 mentioned in G.O.Ms.No.6, dated 06.01.2010 and Rule 11(2)(iv) of the Tamil Nadu Pension Rules and all such persons were extended the said benefit and they have been enjoying such benefit as on date.
3. Learned counsel for the petitioners also drawn the attention of this Court to some of such orders passed by this Court in W.P.No.12656 of 2013 and a learned Single Judge of this Court, by order dated 18.06.2014 observed as under:
"25.It is a different matter if a person joined the service after 01.04.2003 on daily wages basis and he was absorbed thereafter. But in my view, the prescription of the cut off date as 01.04.2003 for absorption into regular service under Rule 11(4) of the Tamil Nadu Pension Rules, to count half of the service rendered prior to absorption has no rationale basis and the same is arbitrary and violative of Article 14 of the Constitution. In fact Rule 11(4) of the Tamil Nadu Pension Rules is totally redundant, in view of Rule 11(2) of the Tamil Nadu Pension Rules. Rule 11(2) does not
prescribe any cut off date as to absorption into regular service. The benefits given under Rule 11(2) cannot be deprived and taken away by Rule 11(4). Thus, the cut off date of absorption as 01.04.2003 prescribed in Rule 11(4) shall be ignored. Otherwise, it will lead to grave injustice."
4. Having observed as above, the learned Single Judge ordered for counting of half of the service rendered by the petitioner therein before his date of absorption, i.e., prior to 20.04.2003 along with regular service for the purpose of pension.
5. In yet another case, a learned Division Bench of this Court in W.A.(MD) No.51 of 2018 and batch, dated 27.03.2018, held as under: "29.As noticed above, the decision to bring the writ petitioners into regular time scale of pay, was taken in the year 1999 and the writ petitioners were extended the benefits in the year 2009. By then, several of them, had completed more than 30 years of service, as daily wagers. The past service was reckoned for the purpose of justifying their absorption into regular time scale of pay.
Therefore, it will be a misnomer to state that the appointments made to the post of Forest Watchers is a fresh appointment. The stand taken by the appellants in this regard is to be rejected by merely referring to the preamble portion of G.O.(Ms)No.64, dated 08.03.1999 and G.O.(Ms)No.95, dated 07.08.2009. Therefore, the said contention raised by the appellants required to be outrightly rejected.
30.There can be no denying the fact that the appellants themselves have implemented various decisions of the Division Benches, in some of which, no appeals were preferred to the Hon'ble Supreme Court. Therefore, now to take a different stand in the present appeals as well as writ petitions would impermissible and a situation cannot be allowed to prevail causing discrimination between similarly placed persons. Thus, in the facts and circumstances of the case and in the light of the above discussion, we find that the State has not made any grounds to interfere with the orders passed in the writ petitions and therefore, the writ appeals are liable to be dismissed and the similar writ petitions are liable to be allowed."
6. In yet another case, a learned Single Judge of this Court in W.P. (MD) No.20883 of 2019, by order dated 11.11.2019 held as under: "6.The claim of the petitioner is that 50% of service on temporary service rendered by her has to be taken into account for calculating pension payable to her, as per Rule 11(4) of the Tamil Nadu Pension Rules. The issue was already considered by this Court. The issue involved in this Writ petition is no longer res integra. Considering the submission made by the learned counsel on either side, the order impugned in the Writ petition is set aside. The respondents are directed to count 50% of services put in by the petitioner as Bala Sevika for the period from 18.01.1982 to 18.04.2012 and regular time scale service put in by the petitioner as Rural Welfare Officer Grade-I and Grade-II for the period from 19.04.2012 to 31.01.2018, within a period of four weeks from the date of receipt of a copy of this order."
7. All the above orders have been implemented by the respective Departments and pension was granted by duly extending the benefit under Rule 11(2)(iv) of the Tamil Nadu Pension Rules to the respective petitioners
therein. No doubt, as already observed above, the learned Full Bench of this Court has considered very same aspect and negatived the claim of the persons, who were absorbed after 01.04.2003.
8. The contention of the learned counsel for the petitioners is that most of the petitioners herein rendered more than 30 years of service but because of the laches on the part of the respondents, their services could not be regularised prior to 01.04.2003 thereby the petitioners are deprived from drawing the pension, nor they were allowed to be part of the Contributory Pension Scheme, as their services were regularised just before they attain the age of superannuation. Thus, the petitioners herein were deprived of regular pension in terms of the Tamil Nadu Pension Rules or for the benefit of Contributory Pension Scheme.
9. According to the learned counsel for the petitioners, though the Government has taken into consideration all these factors into consideration and issued G.O.Ms.No.41, dated 29.08.2019, the respondent-Government failed to take note of the fact that the award of Rs.2,000/- as special pension
is too low and is totally insufficient to meet the basic needs of the petitioners herein, who have rendered more than three decades of service. Hence, learned counsel for the petitioners seeks indulgence of this Court to permit the petitioners to approach the respondent-Government seeking for enhancement of the special pension awarded under G.O.Ms.No.41, dated 29.08.2019, especially in the context of the fact that similarly situated persons are extended the benefit under Rule 11(2)(iv) of the Tamil Nadu Pension Rules. This aspect of the matter would definitely well within the domain of the Government and the Government is free to take decision basing upon the facts.
10. In the light of the above, this Writ Petition is disposed of permitting the petitioners to submit a representation for enhancement of special pension awarded under G.O.Ms.No.41, Social Welfare and Nutritious Meal Department, dated 29.08.2019 within a period of four weeks from the date of receipt of a copy of this order and on submission of such representation, the respondent-Government shall consider the same by duly taking into consideration the length of service rendered by the petitioners, the
cost of living and all relevant factors as may be raised by the petitioners in a representation and pass appropriate orders as expeditiously as possible, at any rate, within a period of four months thereafter. It is desired that the respondent-Government would consider the case of the petitioners on sympathetical ground and may also make a provision for enhancement of such pension from time to time depending upon the inflation as and when revision of pay takes place. No costs.
13.03.2024 NCC : Yes/No Index : Yes/No Internet : Yes ABR To 1.The Principal Accountant General (A&E), Accountant General Department, No.361, Anna Salai, Chennai-600 018.
2.The Secretary to Government, Finance Department, State of Tamil Nadu, Chennai.
MUMMINENI SUDHEER KUMAR, J.
ABR 3.The Principal Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Secretariat, Chennai-600 009.
4.The Commissioner of Social Welfare, Panagal Maaligai 2nd Floor, Saidapet, Chennai-600 015.
13.03.2024