K.Lakshmanan v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.15360 of 2016 K.Lakshmanan ...
Petitioner Vs 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.
2.The Additional Chief Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The Accountant General, 361, Anna Salai, Teynampet, Chennai - 600 018.
4.The District Collector, Ramanathapuram District, Ramanathapuram.
...
Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents 1 2 & 4 i.e. the Principal Secretary to Government, Revenue Department Chennai, the Commissioner of Revenue Administration, Revenue Department, Chennai and the District Collector Ramanathapuram to send revised pension proposals to the Accountant General, Chennai to re-fix the pension of the petitioner counting half of the services put in by him as Thalayari for the period from 1.2.1975 to 31.5.1995 within a specified time frame that may be fixed by this court. For petitioner : Mr.S.Visvalingam For Respondents : Mr.M.Murugan G.A., for R1, R2 and R4 Mr.P.Gunasekaran for R3
ORDER
This writ petition has been filed for the issuance of a Writ of Mandamus, directing respondents Nos.1 2 & 4 i.e. the Principal Secretary to Government, Revenue Department Chennai, the Commissioner of Revenue Administration, Revenue Department, Chennai and the District Collector Ramanathapuram to send revised pension proposals of the petitioner to the Accountant General, Chennai, to re-fix his pension by counting half of the services put in by him as Thalayari.
2. Since the issue is covered by several orders passed by this Court, by consent, this writ petition is taken up for final disposal.
3. Mr.S.Visvalingam, learned counsel appearing for the petitioner would submit that the petitioner, who was appointed as 'Village Assistant' against a permanent vacancy in the regular time scale of pay, in Thavasikuruchi village, Kamudhi Taluk, Ramanathapuram District, on 01.02.1975, after his continuous employment, was permitted to retire on 31.01.2011 from service, on reaching the age of superannuation. His grievance is that the service rendered by him as Thalayari in permanent capacity for the period from 01.02.1975 to 31.05.1995, namely, 20 long years, was not counted for the purpose of pension. Since the service rendered by him in the cadre of Village Assistant in the timescale of pay from 01.06.1995 to 31.01.
2011 alone was taken into consideration for grant of pension, the petitioner has lost proportionate retiral benefits, for which, he also made a detailed representation on 19.03.2015, but the same was not considered. Now, the law is well settled that the Village Assistants are entitled for reckoning the services rendered by them on consolidated pay i.e., Thalaiyari. Further, the Government issued G.O.Ms.No.173, Revenue Department, dated 29.05.2014, in favour of 10 Village Assistants, directing inclusion of the service rendered by them on a consolidated pay as Thalaiyari. Learned counsel also brought to the notice of this Court an order, dated 28.06.2016 passed in W.P(MD)No.15473 of 2014, wherein dealing with a similar issue, this Court has allowed the writ petition. He referred to paragraph Nos.
8 and 9 of the said order, which have been extracted below:- "8. Perusal of the extracts of the Service Register of the petitioner enclosed in the typeset of papers clearly shows that the petitioner was appointed as a Village Assistant on 29.09.1958 on regular basis with a consolidated pay. Secondly, his services were regularised from 01.06.1995, therefore, as held by this Court in the order dated 04.11.2013, passed in W.P. (MD).No.
service for the purpose of pension, half of the service rendered, while the Government Servant was paid out of contingencies shall be allowed. From the date of appointment on 29.09.1958 till 31.05.1995, the petitioner has put in 37 years of service, besides his regular service of 4 years from 01.06.1995. If half of the services rendered by the petitioner from 29.09.1958 to 31.05.1995 is added as per Rule 11(4)of Tamilnadu Pension Rules, 1978, along with his regular service of 4 years from 01.06.1995 to 30.06.1999, the petitioner has put in more than 20 years of service, hence, he becomes eligible for pension. Therefore, the respondents are directed to count half of the service rendered by the petitioner from 29.09.1958 to 31.05.1995 as per Rule 11(4) of the Tamilnadu Pension Rules, 1978, along with the regular service of 4 years from 01.06.1995 to 30.06.1969 and calculate pension accordingly.
9. In the result, the impugned order is set aside and the writ petition stands allowed. The third respondent shall forthwith work out the pension proposal of the petitioner and forward the same to the Accountant General, Chennai, preferably within a period of four weeks from the date of receipt of a copy of this order. The Accountant General, Chennai, in turn, shall pass appropriate orders on the pension proposal within two weeks from the date of receipt of the pension proposal. No Costs. "
4. In the light of the above, the respondents are directed to consider the representation of the petitioner, dated 19.03.2015 and pass orders on the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
5. With the above directions, this writ petition is disposed of. No costs.
Sd/ Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar
To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.
2.The Additional Chief Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The Accountant General, 361, Anna Salai, Teynampet, Chennai - 600 018.
4.The District Collector, Ramanathapuram District, Ramanathapuram.
+1 cc to MR.P.GUNASEKARAN, Advocate Sr.No.45793 +1 cc to MR.S.VISVALINGAM, Advocate Sr.No.45792 W.P(MD).No.15360 of 2016 19.08.2016 SMA/DB/09/09/2016 :4P/7C