The petitioners cannot claim regularization of their services from the date of initial appointment and were entitled to count only half of their service rendered in consolidated pay posts for pensionary benefits as per Rule 11(4) of the Tamil Nadu Pension Rules, 1978.

JUDGMENT

(Prayer in W.P.7230 of 2020: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to regularize the services of the petitioner in the post of Junior Assistant with effect from 22.12.1982 and accordingly grant all benefits for the purpose of consequential revision of retirement and pensionary benefits of the petitioner, in the light of Government Letter (Ms) No.369, Revenue and Disaster Management and Mitigation Department, Survey and Settlement Wing, SS4(2) Section, Secretariat, Chennai 600 009 dated 10.10.2019, within a limited time frame as fixed by this Court.)

This Writ Petition has been filed seeking to issue Writ of Mandamus, directing the respondents to regularize the services of the petitioners in the post of Junior Assistant from the date of their initial appointment and to grant consequential revised retirement and pensionary benefits.

2. The petitioners were appointed as Junior Assistant on temporary basis in the Survey and Land Records Department on various dates during the year 1982, 1983 and 1984. Thereafter, their services were regularized on various dates from the year 1990 and subsequently, they retired from service on various dates. The grievance of the petitioners is that, the period from the date of their initial appointment till the date of regularization has not been taken into account with their regular service for revised pensionary benefits and other benefits.

3. The services of certain similarly placed persons, who were appointed as Junior Assistants on contract basis in the year 1964, 1965, 1966 in Medical and Rural Health Department, were regularized vide G.O.Ms.No.451 Health and Family Welfare department dated 11.08.1998, and their service period on contract basis from the date of appointment till 12.10.1978 were taken into account for pensionary benefits.

4. Likewise, certain batch mates of the petitioner, who were initially appointed in the Survey and Land Records Department approached the Tribunal, thereafter, that case was transferred to the file of the High Court and renumbered as W.P.No.12477 of 2007 and in that Case, this Court has directed the Government to regularise their service from 25.06.1984 with all consequential benefits. The Appeal filed by the Government in W.A.No.550 of 2015 was also ended as against the Government, upholding the direction given by the single Judge. Thereafter, the service of the petitioners therein, has been regularised from the date of their initial appointment, so as to provide retirement benefits and pension benefits.

5. Accordingly, the petitioners also being the similarly placed persons as that of the above petitioners in W.P.No.12477 of 2007, the respondents are bound to extend the same benefits to them. The petitioners made several representations to regularise their service from the date of initial appointment. However, no order has been passed. Hence the Writ petition.

6. The respondents have filed counter affidavit stating that, as per Rule 11(4) of the Tamil Nadu Pension Rules, 1978, all the employees, who rendered service under the State Government in non-provincialised service, consolidated pay, honorarium or daily wages basis, on or after 01.01.1961 and absorbed in regular service before 01.04.2003, are eligible to count half of their service for retirement benefits along with regular service. Therefore, the petitioners are entitled for counting only half of their service rendered in consolidated pay posts for sanction of pensionary benefits.

7. Further, pursuant to the order passed by this Court in W.A.550 of 2015, the Government had issued a G.O.369 Revenue and Disaster Management Department dated 10.10.2019, regularising the service of the petitioners therein from the date of appointment till their regularisation, so as to provide retirement benefits and pension benefit alone. But, it is significant to state that the above order shall apply only to the petitioners ther