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2023 Supreme(Mad) 2433
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
Tomy Mampilly Kochuvareed – Appellant
Versus
Union of India Rep.by Secretary to Govt. of India, Department of Disability Affairs (now) Department of Empowerment of Persons with Disabilities Ministry of Social Justice & Empowerment, New Delhi & Others – Respondents
W.P. No. 15266 of 2022
Decided On : 01-08-2023
For the Petitioner:D. Prabhu Mukunth Arunkumar, R. Krishnakumar, Advocate. For the Respondent:K. Ramamoorthy Central Government Counsel, Advocate.
The central legal point established in the given judgment is the entitlement of employees to pensionary benefits, GPF, and gratuity as per Central Government Rules, and the deemed transition to the Pension Scheme for employees under the CPF Scheme.
Headnote:
Writ Petition - Death Cum Retirement Gratuity - Section 6(vii) of the Bye-laws for Administration and Management of the Institute for the Physically Handicapped, Appendix 13 Change over from Contributory Provident Fund Scheme to Pension Scheme - The court discussed the appointment of the petitioner, the relevant rules and orders, and the applicability of Central Government rules and regulations. It emphasized the entitlement of employees to pensionary benefits, GPF, and gratuity as per Central Government Rules, and the deemed transition to the Pension Scheme for employees under the CPF Scheme. The court highlighted the previous judgments allowing similar relief to other employees appointed under the same notification, and directed the respondents to pay the petitioner the benefits as prayed for.
Fact of the Case:
The petitioner filed a Writ Petition to quash the order of the 3rd Respondent and to direct the respondents to pay Death Cum Retirement Gratuity, Pension, and other retirement benefits. The petitioner was appointed as Assistant Professor in Physical Medicine and Rehabilitation by the Ministry of Social Welfare, now called the Ministry of Social Justice and Empowerment, and was denied the benefits given to other employees appointed under the same notification.
Finding of the Court:
The court found that the petitioner was entitled to the benefits as per the relevant rules and orders, and the previous judgments allowing similar relief to other employees appointed under the same notification supported the petitioner's claim.
Issues: The issues revolved around the entitlement of the petitioner to Death Cum Retirement Gratuity, Pension, and other retirement benefits as given to employees of the Institute for Physically Handicapped, and the applicability of Central Government rules and regulations to the petitioner's appointment.
Ratio Decidendi: The court emphasized the entitlement of employees to pensionary benefits, GPF, and gratuity as per Central Government Rules, and the deemed transition to the Pension Scheme for employees under the CPF Scheme. It also highlighted the previous judgments allowing similar relief to other employees appointed under the same notification, which supported the petitioner's claim.
Final Decision: The impugned order was set aside, and the Writ Petition was allowed. The respondents were directed to pay Death Cum Retirement Gratuity, Pension, and other retirement benefits with all arrears and penal interest at the rate of 9% per annum from the next date of the petitioner's retirement, within a period of three months from the date of receipt of the court's Order.
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned orders in No.7-1/2010-NI dated 28.07.2014 passed by the 3rd Respondent, quash the same and direct the respondents to pay death cum retirement gratuity, pension and other retirement benefits as given to employees of the Institute for Physically Handicapped under the Ministry of Social Justice and Employment, Government of India with all arrears and penal interests of 18% with exemplary cost.)
1. This Writ Petition is filed to quash the order of 3rd Respondent and to direct the Respondents to pay the petitioner Death Cum Retirement Gratuity, Pension and other retirement benefits as given to employees of Institute for Physically Handicapped with all arrears and penal interest.
2.(a) It is the case of the Writ Petitioner that the Ministry of Social Welfare Government of India (now called the Ministry of Social Justice and Empowerment ) issued an Advertisement dated 28.11.1984 for various post including direct recruitment of 4 vacancies in the post of Assistant Professor in Physical Medicine and Rehabilitation with pay scale of Rs.1100-00- 1800-00. It is also stated that the post will carry Central Government pay scales and allowances. Selection Committee for recruitment was approved by the Secretary chaired by the Joint Secretary.
2.(b) The Petitioner was selected by the Selection Committee for recruitment approved by the Secretary chaired by the Joint Secretary and appointed on 01.03.1985 as Assistant Professor in Physial Medicine and Rehabilitation, a medical doctor and posted in the Regional and Rehabilitation Training Centre (RRTC) at Mumbai of the District Rehanbilitation Centre (DRC), Scheme of the Ministry of Social Justice and Empowerment (Ministry of Social and Women''s Welfare then), Government of India and along with the Petitioner, one Mrs. Nirmala Venkateswaran, Mr.P.S.Srinivasan and Mr.Ghahshyam Das Bishnoi (G.D.Bishnoi) were appointed. In the Appointment Order it is clearly stated that the Central Government Rules and Regulations, besides Pay and Allowances, would be applicable to the Petitioner and services will be governed by the order of the Government of India since all the posting order are issued with the approval of Ministry.
2.(c) Petitioner was asked to subscribe CPF (Government of India – 1962), as were then employees of IPH. The Department of Pension and Pensioner''s Welfare, Government of India vide O.M.No.4/1/87-P.I.C.I dated 01.05.1987 gave an option to Central Government Civilian Employees subscription to the CPF (Government of India – 1962) to continue in CPF. If they did not exercise this option, they would be deemed to have come over to GPF-cum-Pension Scheme (CCS Pension 1972). In 2004 the Petitioner was deputed to North East to initiate the NE – Regional Centre of NIOH in Aizwal, Mizoram. Thereafter, he was redeployed with the approval of the Secretary to NIEPMD.
2.(d) Hence it is the contention that one Ms. Nirmala Venkateswaran from RRTC Chennai was directly recruited along with the Petitioner, who superannuated on 30.09.1999 to whom the CPF amount was returned like the Petitioner and denied Gratuity and Pension filed W.P.No.21935 of 2002 which was allowed by this Court on 15.11.2006 and the same has been upheld by this Court in W.A.No.1108 of 2007 dated 21.01.2008 and confirmed by the Apex Court in S.L.P(C) No.19803 of 2008 dated 22.08.2008. The Petitioner made a detailed representation dated 07.06.2011 detailing the earlier representation to grant the benefit extended to Mrs. Nirmala Venkateswaran as per the CCS Pension Rules 1972. The Petitioner was retired on 31.03.2014 and was paid only encashsment of Earned Leave on superannuation and the accumulated amount in NPS account, both employees and employer''s contribution. After the retirement of the Petitioner the 3rd R
