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Madras High CourtWP(MD)/3262/2017dismissed

J.Thanudhas v. The State Of Tamil Nadu

2021-03-09Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)Nos.2600 of 2017 J.Thanudhas ... Petitioner Vs.

1.The State of Tamil Nadu Rep by its Principal Secretary, Department of Revenue, St. George Fort, Chennai-600 009.

2.The District Collector, Nagercoil, Kanyakumari District.

3.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

4.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to refix the petitioner's pension, by calculating 50% of his service period from 01.04.1977 to 31.05.1995 as per G.O.Ms.No.408, Finance (Pension) dated 25.08.2009 and provide full pension by calculating the remaining qualifying service period from 01.06.1995 to 31.05.2013, by calculating both the period of service as Village Assistant and Village Administrative Officer and consequently, direct the respondents to sanction the pension to the petitioner with all pensionary benefits in a time bound manner, as fixed by this Court.

For Petitioner : Mr.C.Kishore For Respondents : Mr.M.Muthugeethayan Special Government Pleader

ORDER

This writ petition has been filed by the petitioner for a direction to the respondents to refix the petitioner's pension, by calculating 50% of his service period from 01.04.1977 to 31.05.1995 as per G.O.Ms.No.408, Finance (Pension), dated 25.08.2009 and provide full pension by calculating the remaining qualifying service period from 01.06.1995 to 31.05.2013, by calculating both the period of service as Village Assistant and Village Administrative Officer and consequently, direct the respondents to sanction the pension to the petitioner with all pensionary benefits in a time bound manner, as fixed by this Court.

2.The case of the petitioner is that the petitioner was appointed as Thalayari in the year 1977 and he was working on full time basis and not on parti-time basis. Whileso, the Government has issued G.O.Ms.No.625, Revenue Department, dated 06.07.1995, whereby the petitioner's employment was regularized by fixing the scale of pay with effect from 01.06.1995. As per the said G.O., the petitioner was entitled to get all the allowances. Thereafter, the petitioner was promoted as Village Administrative Officer and he was retired from service in the year 2013. While the petitioner was working as Village Administrative Officer, he is entitled for pension for the period from 01.04.1977 to till the date of superannuation and prior to the regularization, the service rendered by the petitioner cannot be calculated.

Hence, the petitioner has made a representation, dated 06.10.2016. So far no order has been passed. Hence, the present writ petition is filed. 3.The learned counsel appearing for the petitioner submitted that the petitioner had entered into service in the year 1977 and his service was regularized in the year 1995 and service benefits were granted only from the date of regularization. For the purpose of getting pension, the service rendered by the petitioner between 1977 to 2013, prior to the regularization has to be taken into account. Hence, he prays for allowing the present writ petition. 4.Per contra, the learned Special Government Pleader appearing for the respondents submitted that G.O.Ms.No.408, dated 25.08.

2009, is not applicable to the petitioner and that the issue already came up for consideration before the Division Bench of this Court in W.A. (MD)Nos.1629 of 2018 and this Court by order, dated 26.02.2021, had rejected the request of the similarly placed persons. 5.In view of the above decision, whether the petitioner is entitled for pension for the service rendered by him in the nonpensionable establishment between 1977 to 1995 and the issue came up for consideration before the Division Bench of this Court, wherein, in paragraph No.

"20.Much reliance has been made to Rule 11(a) read with Rule 2(o) of the Tamil Nadu Pension Rules, 1978. These Rules are not applicable to the services of Talaiyaris,

being in non~pensionable establishment and part~time and that too not in a cadre post. As per Rule 11(4), there must be whole~time employment. Similarly, there shall not be any break, which is in existence. Insofar as the other set of employees are concerned, viz., Village Officers (Karnams), we may appropriately quote Rule 16 of the Tamil Nadu Village Servants Service Rules, 1980. Even as per Rule 16 of the said Rules, the post of Talaiyari being~non pensionable, they are not entitled."

6.In view of the above, the prayer sought for by the petitioner cannot be granted. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Ambasamuthiram Taluk, Tirunelveli Distirct.

3.The Tahsildar, Cheranmahadevi Taluk, Tirunelveli.

+2 CC to M/s.C.KISHORE, Advocate ( SR-9984[F] dated 10/03/2021 ) +1 CC to M/s.SPL GP ( SR-10181[F] dated 10/03/2021 ) and W.M.P(MD)Nos.2600 of 2017 09.03.2021 RK(27.05.2021) 3P 7C