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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N. MANJULA, J.
R. Sabapathy & Others – Appellants
Versus
The Secretary to Government of Tamilnadu, Finance Department, Chennai & Others – Respondents
W.P. Nos. 18734, 18582, 18738, 18742 of 2020 & WP. Nos. 11055, 26256, 11512 of 2021 & WMP. No. 23277 of 2020
Decided on : 18-03-2024
PENSION - Village Assistants - Tamil Nadu Pension Rules 1978, Rule 11(2) and 11(4) - The court considered the entitlement of village assistants to include their past services for pension calculation. The court analyzed conflicting judgments and concluded that half of the past services of village assistants, regularized as of 01.06.1995, should be included for pension calculation along with their subsequent service until retirement. The respondents were directed to consider representations for inclusion of past services and pass revised orders within 8 weeks.
Fact of the Case:
The petitioners filed Writ Petitions seeking to include their past services as Thalaiyaris/Village Assistants for pension calculation. The petitioners were appointed as Thalaiyaris and were regularized on 01.06.1995. They claimed that their entire period of service until 31.05.1995 should be included for pension calculation, but the government only granted 50% pension for the regularized period.
Finding of the Court:
The court found that half of the past services of village assistants, regularized as of 01.06.1995, should be included for pension calculation along with their subsequent service until retirement. The court also noted conflicting judgments and directed the respondents to consider representations for inclusion of past services and pass revised orders within 8 weeks.
Issues: The issues involved the entitlement of village assistants to include their past services for pension calculation and the conflicting judgments on the matter.
Ratio Decidendi: The court held that half of the past services of village assistants, regularized as of 01.06.1995, should be included for pension calculation along with their subsequent service until retirement. The court also considered the principle of avoiding exploitation by the government in appointing part-time or temporary employees to permanent posts.
Final Decision: The court directed the respondents to consider representations for inclusion of past services and pass revised orders within 8 weeks.
JUDGMENT :
(Prayers in WP.No.18734 of 2020: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus against the respondents to count the petitioner's half of the past services rendered by him in the post of Village Head Man from 01.08.1974 to 14.11.1980 (i.e., 6 years 3 months and 13 days) and to revise the pension and pensionary benefits along with arrears.
In WP.No.18738 of 2020: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus against the respondents to count the petitioner's half of the past services rendered by him in the post of Village Head Man from 01.04.1976 to 14.11.1980 (i.e., 4 years 7 months and 14 days) and to revise the pension and pensionary benefits along with arrears.
In WP.No.18582 of 2020: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus against the respondents to take into account the entire period of service of petitioners from the date of their initial appointment as temporary Thalayaris/Village Assistants until 31.05.1995 followed by regularisation of such service from 01.06.1995 till the date of retirement as V.A.Os (Village Administrative Officer) for the purpose of calculation of pension as has been granted to similarly placed VA.Os vide G.O Ms No. 33 (Revenue Department) dated 25.01.2010 and G.O.Ms.No. 173 (Revenue Department) dated 29.05.2014 by way of implementing the Supreme Court order to that effect vide S.L.P Nos. 21638 of 2009, and 26586 to 26593 of 2012 besides directing the respondents 2 and 3 to fix their revised pension and pay it to the petitioners within time frame.
In WP.No.18742 of 2020: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus against the respondents to take into account the entire period of service of petitioners from the date of their initial appointment as temporary Thalayaris/Village Assistants until 31.05.1995 followed by regularisation of such service from 01.06.1995 till the date of retirement as V.A.Os (Village Administrative Officer) for the purpose of calculation of pension as has been granted to similarly placed VA.Os vide G.O Ms No. 33 (Revenue Department) dated 25.01.2010 and G.O.Ms.No. 173 (Revenue Department) dated 29.05.2014 by way of implementing the Supreme Court order to that effect vide S.L.P Nos. 21683 of 2009, and 26586 to 26593 of 2012 besides directing the respondents 2 and 3 to fix their revised pension and pay it to the petitioners within time frame.
In WP.No.11055 of 2021: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus against the respondents to take into account the entire period of service of petitioner from the date of their initial appointment as temporary Thalayaris/Village Assistants until 31.05.1995 followed by regularisation of such service from 01.06.1995 till the date of retirement as V.A.Os (Village Administrative Officer) for the purpose of calculation of pension as has been granted to similarly placed V.A.Os vide G.O Ms No. 33 (Revenue Department) dated 25.01.2010 and G.O.Ms.No.173 (Revenue Department) dated 29.05.2014 by way of implementing the Supreme Court order to that effect vide S.L.P Nos. 26586 to 26593 of 2012 besides directing the respondents 2 and 3 to fix their revised pension and pay it to the petitioners within time frame.
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the 1st respondent to pass orders to count 10 years of services of the petitioner in the cadre of Thalaiyaari from 1/9/1983 to 31/5/1999 for the purpose of calculation of pension and to send a revised pension proposal to the office of the Accountant General, Chennai within time frame as even implemented through G.O. (Ms)No. 33 dated 25/1/2010/granting pension for the entire period for a similar village assistant.
In WP.No.11512 of 2021: Writ Petition is filed under
The court ruled that past service of Village Assistants can be counted for pension calculation, emphasizing that each case must be evaluated on its own merits without relying on previous illegal orde....
Service as part-time Village Assistant prior to 01.06.1995 cannot be counted for pension benefits, as it does not qualify under the Tamil Nadu Village Assistants Pension Rules for cadre posts.
The court ruled that prior part-time service of Village Assistants cannot be counted for pension calculations under the Tamil Nadu Village Assistants' Pension Rules, affirming the principle that erro....
The main legal point established in the judgment is the need to follow Rule 11(2) of the Pension Rules and the Full Bench Judgement in determining the eligibility for pensionary benefits.
Part-time employment cannot be considered for pension calculation under applicable service rules, regardless of past incorrect orders granting such benefits to others.
The main legal point established in the judgment is that the phrase 'job involving whole time employment' in Rule 11(4) of the Tamil Nadu Pension Rules should be interpreted broadly to include part-t....
The application of Rule 11(2) of the Pension Rules and subsequent government orders in determining pensionary benefits for part-time Panchayat Clerks.
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