Madras High CourtWP(MD)/20773/2018disposed of

K.Chandrasekar, v. The Principal Secretary To

2020-02-10Honourable Mr Justice M.S. Ramesh8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) Nos.20773, 21959, 24084 and 24901 of 2018, 70, 1576, 1821 to 1823 of 2019 and 1265 of 2020 K.Chandrasekar ... Petitioner in WP(MD).20773 of 2018 R.Ganesan ... Petitioner in WP(MD). 21959 of 2018 M.Krishnan ... Petitioner in WP(MD). 24084 of 2018 K.R.Anguchamy ... Petitioner in WP(MD). 24901 of 2018 K.Velmayil ... Petitioner in WP(MD). 70 of 2019 V.Nagarathinam ... Petitioner in WP(MD). 1576 of 2019 A.Ponnangu ... Petitioner in WP(MD). 1821 of 2019 K.Ramaiah ... Petitioner in WP(MD). 1822 of 2019 T.Thavasimani ... Petitioner in WP(MD). 1823 of 2019 P.Palanichamy ... Petitioner in WP(MD). 1265 of 2020 /vs./ 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Nanguneri Taluk, Nanguneri, Tirunelveli District.

4.The Accountant General (A&E), Chennai.

[R4 has been impleaded as suo motu vide order dated 10.02.2020]...Respondents in WP(MD)No.20773 of 2018

1. The Principal Secretary To Government, Revenue Dept., Secretariat, Chennai-600 009.

2. The Principal Secretary & Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chenani-600 005. 1/8

3. The District Collector, Tanjavur District, Tanjavur.

4. The Accountant General (A & E), Chennai. (R4 Suo Motu Impleaded Vide Court Order Dated 10.2.2020 in WP(MD)nos.20773, 21959, 24084 and 24901/2018, 70, 1576, 1821 to 1823/2019) ... Respondents in WP(MD). 21959 of 2018

1. The Principal Secretary To Government , Revenue Department , Secretariat, Chennai-9.

2. The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-5.

3. The District Collector, Sivagangai District.

4. The Accountant General (A & E), Chennai. (R4 Suo Motu Impleaded Vide Court Order Dated 10.2.2020 in Wp(MD)nos.20773, 21959, 24084 and 24901/2018, 70, 1576, 1821 to 1823/2019) ... Respondents in WP(MD). 24084 of 2018

1. The Secretary to Government Revenue Department, Secretariat, Chennai - 600 009.

2. The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3. The District Collector Sivagangai District, Sivagangai.

1. The Secretary to Government, Revenue Department , Secretariat, Chennai-9.

2. The Commissioner Of Revenue Administration, Ezhilagam, Chepauk, Chennai-5.

3. The District Collector, Madurai District

1. The Secretary to Govt., Revenue Department , Secretariat, Chennai-9.

2. The Commisioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-5 2/8

3. The District Collector, Virudhunagar District.

1. The Principal Secretary To Government, Revenue Department, Secretariat, Chennai-600 009.

2. The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

3. The District Collector, Ramanathapuram District Ramanathapuram.

1. The Principal Secretary To Government, Revenue Department, Secretariat, Chennai-600 009.

2. The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

3. The District Collector, Ramanathapuram District Ramanathapuram.

1. The Principal Secretary To Government, Revenue Department, Secretariat, Chennai-600 009.

2. The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

3. The District Collector, Ramanathapuram District Ramanathapuram.

4. The Accountant General (A & E), Chennai. (R4 Suo Motu Impleaded Vide Court Order Dated 10.2.2020 In WP(MD)nos.20773, 21959, 24084 and 24901/2018, 70, 1576, 1821 to 1823/2019) ... Respondents in WP(MD). 1823 of 2019 1.The Principal Secretary to Government, Revenue Dept, Secretariat, Chennai-600 009

2. The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005

3. The District Collector Dindigul District. 3/8

4. The Accountant General (A & E), Chennai. (R4 Suo Motu Impleaded Vide Court Order Dated 10.2.2020 In Wp(MD)nos.20773, 21959, 24084 and 24901/2018,70, 1576, 1821 to 1823/2019) ... Respondents in WP(MD). 1265 of 2020 PRAYER in WP(MD).20773 of 2018: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents i.e., the Principal Secretary to Government, Revenue Department, Secretariat, Chennai, the District Collector, Tirunelveli and the Tahsildar, Nanguneri Taluk to send revised pension proposals counting 50% of the services put in by the petitioner in the cadre of Thalayari for the period from 03/12/1985 to 31/05/1995 for the purpose of calculation of pension, within a specified time frame, that may be fixed by this Court. Prayer in WP(MD). 21959 of 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent i.e., the Principal Secretary to Government, Revenue Dept., Secretariat, Chennai to pass orders counting 50% of services of the petitioner put in by him as Thalayari for the period from 19.06.1967 to 31.05.1995 for the purpose of calculation of pension along with regular services put in by him as Village Assistant and arrange to send revised pension proposals within a specified timeframe that may be fixed by this Court.

Prayer in WP(MD). 24084 of 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent i.e., the Principal Secretary to Government , Revenue Department , Secretariat, Chennai to pass orders counting 50% of services of the petitioner put in by him as Thalayari for the period from 15/07/1982 to 31/05/1995 for the purpose of calculation of pension along with regular services put in by him as Village Assistant and arrange to send revised pension proposals within a specified timeframe that may be fixed by this Court.

Prayer in WP(MD). 24901 of 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Mandamus directing the first respondent i.e., the Principal Secretary to Government, Revenue Department, Secretariat, Chennai to pass orders counting 50% of services of the petitioner put in by him as Thalayari for the period from 13.08.1981 to 31.05.1995 for the purpose of calculation of pension along with regular services put in by him as Village Assistant.

4/8

Prayer in WP(MD). 70 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent i.e., the principal Secretary to Government , Revenue Department , Secretariat, Chennai to pass orders counting 50% of services of the petitioner put in by him as Thalayari for the period from 07/01/1983 to 31/05/1995 for the purpose of calculation of pension along with regular services put in by him as village Assistant and Village Administrative Officer and arrange to send revised pension proposal within a specified time frame that may fixed by this Court. Prayer in WP(MD). 1576 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the first respondent ie., the Principal Secretary to Government , Revenue Department , Secretariat, Chennai to pass orders counting 50% of services put in by the petitioner's husband as Thalayari for the period from 29/08/1977 to 31/05/1995 for the purpose of calculation of pension along with regular services put by him as Village Assistant and arrange to send revised family pension proposals.

Prayer in WP(MD). 1821 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus, directing the first respondent i.e., the Principal Secretary to Government, Revenue Department, Secretariat, Chennai to pass orders counting 50% of services of the petitioner put in by him as Thalayari for the period from 10.07.1978 to 31.05.1995 for the purpose of calculation of pension along with regular services put in by him as Village Assistant and arrange to send revised pension proposals within a specified time frame that may be fixed by this Court.

Prayer in WP(MD). 1822 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus, directing the first respondent i.e., the Principal Secretary to Government, Revenue Department, Secretariat, Chennai to pass orders counting 50% of services of the petitioner put in by him as Thalayari for the period from 21/08/1973 to 31/05/1995 for the purpose of calculation of pension along with regular services put in by him as Village Assistant and arrange to send revised pension proposals .

Prayer in WP(MD). 1823 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus, directing the first respondent i.e., the Principal 5/8

Secretary to Government, Revenue Department, Secretariat, Chennai to pass orders counting 50% of services of the petitioner put in by him as Thalayari for the period from 16.08.1981 to 31.05.1995 for the purpose of calculation of pension along with regular services put in by him as Village Assistant and arrange to send revised pension proposals within a specified time frame that may be fixed by this Court.

Prayer in WP(MD). 1265 of 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to directing the 1st respondent i.e. the Principal Secretary to Govt Revenue dept, secretariat Chennai to pass orders counting 50 percentage of services of the petitioner put in by the petitioner as Thalayari for the period from 17.4.1984 to 31.5.1995 for the purpose of calculation of pension along with regular services put in by him as Village Assistant and arrange to send revised pension proposals (In all W.Ps) For Petitioner : Mr.S.Visvalingam For Respondents : Mr.M.Jeyakumar 1 to 3 Additional Government Pleader For Respondent No.4 : Mr.P.Gunasekaran COMMON ORDER The issue involved in all the writ petitions is as to whether the services of the petitioners, prior to 01.06.

1995, could be counted for the purpose of calculating the pensionary benefits. 2.All the petitioners herein have been serving on consolidated basis prior to 01.06.1995 and by G.O.Ms.No.625, dated 06.07.1995, their services as Village Assistant came to be regularized with effect from 01.06.1995. The entitlement of the petitioners to have their services counted prior to 01.06.1995 came to be challenged up to the Hon'ble Supreme Court and ultimately, it was held that such services could be taken into account for the purpose of calculation of pension.

(4) of the Tamilnadu Pension Rules and had been consistently directing the Government to take into account, half of the services rendered by the petitioners in non provincilised services on consolidated pay, for the purpose of calculation of retirement benefits. In one such order passed in W.A.(MD) No.370 of 2019 dated 22.10.2019, the Hon'ble Division Bench of this Court has held as follows:

17......... In such circumstances, this Court is of the view that there is no scope for reference to a larger Bench and that the order impugned in W.P.(MD) No.70 of 6/8

2019 is set aside. The writ petition in W.P.(MD) No.70 of 2019 stands allowed in tune with the earlier precedents of this Court. The first respondent is directed to pass orders counting 50% of the services of the appellant put in by him as Thalayari for the period from 07.01.1983 to 31.05.1995 for the purpose of calculation of pension along with regular services put in by him as Village Assistant and Village Administrative Officer and to send revised pension proposals, within a period of six weeks from the date of receipt of a copy of this order.

3.In view of the consistent stand taken by the Hon'ble Division Bench of this Court in identical cases, I am unable to take any contrary view. Furthermore, this Court is also of the view that 50% of the past services of the petitioners till 01.06.1995 could be taken into account for the purpose of calculation of pensionary benefits. For the purpose of directing the State, this Court suo motu impleads the Accountant General (A&E), Chennai as fourth respondent in these writ petitions.

4.In the light of the above observations, the first respondent herein is directed to consider the petitioners' representations and pass positive orders counting 50% of the petitioners' services from the date of their initial appointments till 31.05.1995 along with regular services put in by them as Village Assistant. Consequently, the first respondent herein shall send the revised pension proposals to the fourth respondent herein, atleast within a period of eight weeks from the date of receipt of a copy of this order, who in turn shall consider the same as expeditiously as possible, in any event, within a period of four weeks therefrom. The petitioners are also called upon to give copies of their representations which are claimed to have been already sent to the first respondent herein along with a copy of this order.

5.With the above directions, these Writ Petitions stand disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 7/8

To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The Commissionarate of Revenue Administration, Ezhilagam, Chennai.

3.The District Collector, Tirunelveli District, Tirunelveli.

4.The District Collector, Sivagangai.

5.The District Collector, Thanjavur.

6.The District Collector, Madurai.

7.The District Collector, Virudhunagar.

8.The District Collector, Ramanadhapuram.

9.The District Collector, Dindigul District.

10.The Tahsildar, Nanguneri Taluk, Nanguneri, Tirunelveli District.

11.The Accountant General (A&E), Chennai.

W.P.(MD) Nos.20773, 21959, 24084 and 24901 of 2018, 70, 1576, 1821 to 1823 of 2019 and 1265 of 2020 10.02.2020 KK(29.05.2020) 8P 12C 8/8