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2006 Supreme(Mad) 2950
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE ELIPE DHARMA RAO & THE HONOURABLE MR. JUSTICE A. KULASEKARAN
Justice P. Venugopal - Appellant
Versus
State of Tamilnadu rep. by the Chief Secretary Fort St. George - Respondents
W.P. No. 12744 of 2006
Decided On : 03 November 2006
Service as Commission of Inquiry and Commissioner of Payments did not qualify as actual service for pension calculation purposes, as they were treated as re-employment in non-pensionable establishments.
Headnote:
Pension - Appointment as Commission of Inquiry - Act 28 of 1954, Commissions of Inquiry Act, 1952, Race Club Acquisition and Transfer of Undertakings Act, 1986 (Act 26 of 1986) - Paragraph 11 (b) (i) of Part 'D' of the Second Schedule to the Constitution of India read with Section 2 (1) (c) (i) of the High Court Judges (Conditions of Service) Act, 1954
Fact of the Case:
The petitioner, a former High Court Judge, sought re-fixation of pension to include the period served as Commission of Inquiry and Commissioner of Payments. The Supreme Court held that only service as a High Court Judge would constitute charge to the consolidated fund of India. The respondent rejected the claim, leading to the present writ petition.
Finding of the Court:
The court found that the petitioner's service as Commission of Inquiry and Commissioner of Payments did not count as actual service for pension calculation purposes, as they were treated as re-employment in non-pensionable establishments.
Issues: Validity of re-fixation of pension to include service as Commission of Inquiry and Commissioner of Payments
Ratio Decidendi: Service as Commission of Inquiry and Commissioner of Payments did not qualify as actual service for pension calculation purposes, as they were treated as re-employment in non-pensionable establishments.
Final Decision: The writ petition was dismissed, and no costs were awarded.
(Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari to call for the records of the respondent in Letter No.3081/Special B/2003-7 dated 29.06.2005 and quash the order dated 29.06.2005.)
A. Kulasekaran, J.
Questioning the validity of the Order dated 29.06.2005 passed by the respondent rejecting the claim of the petitioner for re-fixation of pension, the present writ petition has been filed.
2. The case of the petitioner is as follows:-
The Petitioner was appointed as Permanent Judge, High Court of Madras on 25.01.1979 and superannuated on 07.12.1981. During the said period, the Government of India has issued a notification dated 29.07.1981 appointing the petitioner as Commission of inquiry to inquire into the incidents relating to the attack on the offices and premises of Tamil Newspapers 'Malaimurasu' and 'Dinakaran". The notification dated 29.07.1981 reads thus:-
"I am directed to say that the President requests Shri Justice P. Venugopal, Judge, Madras High Court to function as the Commission of Inquiry under the Commissions of Inquiry Act, 1952 in respect of the incidents that took place in Coimbatore Town in Tamil Nadu on 23rd July, 1981.
2. The time spent by Shri. Justice P. Venugopal in the performance of the said function will count as Actual Service" within the meaning of paragraph 11 (b) (i) of Part "D" of the Second Schedule to the Constitution of India read with Section 2 (1) (c) (i) of the High Court Judges (Conditions of Service) Act, 1954. Shri Justice Venugopal will not be entitled to any extra remuneration for the above work except travelling allowances and daily allowances as admissible under the High Court Judges (Travelling Allowance) Rule, 1956."
3. Following the said notification, Government of Tamil Nadu i.e., the respondent herein issued G.O. Ms. No. 1504, Public (Law and Order-4) Department dated 28.12.1981.
4. Before completion of the said enquiry, the petitioner attained the age of superannuation, hence, the Government of Tamil Nadu issued G.O. Ms. No.2306 (Law & Order-4) Department dated 28.12.1981 stating thus:-
"In the G.O. read above, Justice Thiru. P. Venugopal, sitting Judge of the Madras High Court was appointed as Commission of Inquiry to enquire into the alleged incidents of attack on the offices and premises of news papers 'Dinakaran' and 'Malai Murasu' in Coimbatore Town on 23.07.1981. He has since retired on superannuation on 07.12.1981 AN and has requested that formal orders may be issued authorising him for the drawal of the pay and allowances drawn by him as Judge of the High Court beyond 07.12.1981, as he is entitled for the last pay drawn by him as the Commission of Inquiry.
2. Justice P. Venugopal (Retired) who has been appointed as the Commission of Inquiry on a full time basis will draw the total emoluments last drawn by him as a Judge of the High Court, minus the pension to which he is eligible, excluding the pension commuted, if any, for the period he functions as the Commission of Inquiry.
3. Justice P. Venugopal (retired) is also eligible to draw the Travelling Allowance for the journeys undertaken in connection with the work of the Commission at the rates admissible to him immediately prior to his retirement as Judge of Madras High Court. The Commission will have its Head Quarters at Madras and the enquiries will be held in Coimbatore District at the discretion of the Commission.
4. This order issues with the concurrence of Finance Department vide its U.O. No.4110/FS/P/81-1 dated 23.12.1981."
5. The petitioner has submitted his report on 30.09.1987.
6. Another order dated 22.03.1983 was issued by the Government of Tamil Nadu appointing the petitioner herein as One-man Commission to inquire into the alleged clashes between Hindus and Christian in Mandaikadu, Kanyakumari District and he submitted his report on 21.09.1985. Subsequently, the Petitioner was also appointed as Commission of Payments by a notification dated 01.08.1986 under the
