H.Rajamohamed v. The Secretary To Government

1 W.A.(MD)NO.1946 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.A.(MD)No.1946 of 2025 H.Rajamohamed ... Appellant / Petitioner Vs.

1. The Secretary to Government, State of Tamil Nadu Finance (Pension) Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Commissioner of Treasury Accounts, No.571, Anna Salai, Nandanam, Chennai - 600 035.

3. The Principal Accountant General A&E, Tamil Nadu, No.361, Anna Salai, Chennai - 600 018.

4. The Assistant Treasury Officer, District Treasury, Tirunelveli - 627 009.

5. The Assistant Treasury Officer, Sub Treasury, Ambasamudram, Tirunelveli - 627 401.

... Respondents/Respondents 1/4

2 W.A.(MD)NO.1946 OF 2025 Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed by the learned single Judge in W.P.(MD) No.20842 of 2024 dated 03.09.2024 and allow this appeal. For Appellant : Mr.K.Kumaravel For R-1,R-2,R-4 & R-5 : Mr.N.Satheeshkumar, Additional Government Pleader.

For R-3 : Ms.S.Mahalakshmi * * *

J U D G M E N T

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.

2. The appellant was appointed as Part Time Masalchi on 10.06.1980. His services were regularised only on 30.08.2008. The question that calls for consideration is whether the appellant is entitled to demand that 50% of the earlier service as part time employee can be reckoned for the purpose of pension.

3. The issue is no longer res integra. The Hon'ble Full Bench of this Court in the decision reported in (2019) (6) CTC 705 (The State of Tamil Nadu, Rep. by the Secretary to Government, School Education Department, Fort St. George, Chennai and two others 2/4

3 W.A.(MD)NO.1946 OF 2025 Vs. Anbalagan and another) had held that those Government servants, who were appointed before 01.04.2003 but were absorbed into regular services after 01.04.2003 will not be entitled to count part of the past services for the purpose of determination of qualified services for pension. The learned single Judge applied the said decision of the Hon'ble Full Bench and negatived the case of the appellant. Interference with the said order is not warranted. This writ appeal stands dismissed. No costs.

(G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 18th July 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Secretary to Government, State of Tamil Nadu Finance (Pension) Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Commissioner of Treasury Accounts, No.571, Anna Salai, Nandanam, Chennai - 600 035.

3. The Assistant Treasury Officer, District Treasury, Tirunelveli - 627 009.

4. The Assistant Treasury Officer, Sub Treasury, Ambasamudram, Tirunelveli - 627 401. 3/4

4 W.A.(MD)NO.1946 OF 2025 G.R.SWAMINATHAN,J.

AND K.RAJASEKAR, J.

PMU W.A.(MD)No.1946 of 2025 18.07.2025 4/4