IMPORTANT POINT
The regularisation of services for casual labourers under the Tamil Nadu Pension Rules, 1978, is contingent upon the date of regularisation, which determines eligibility for pension schemes.

JUDGMENT :

[Judgment was delivered by S.M.SUBRAMANIAM, J.]

Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 05.05.2017 made in W.P.No.1945 of 2017 and to allow the writ appeal.

The deceased husband of the respondent was initially engaged as casual labourers in the Animal Husbandry Department. Since the deceased employee completed 10 years of casual employment as on 01.01.2006, his case was considered for grant of regularisation by the Government. Accordingly, the Government issued G.O.Ms.No.134, Animal Husbandry, Dairying and Fisheries (AH.6) Department dated 12.11.2009. The said Government order stipulates that 111 casual labourers engaged in the Animal Husbandry Department are brought under the regular establishment and their services are regularised with effect from the date of the Government order. Paragraph 3 Sub Clause II of the Government order stipulates that “The regularisation of services order above shall take effect from the date of issue of this order”. Therefore, the benefit of regularisation was granted to these 111 causal labourers with effect from 12.11.2009, the date on which the Government issued order. Annexure to the Government order indicates the name of the casual labourers, who have completed 10 years of services as on 01.01.2006. The name of the husband of the respondent is placed in S.No.78 (Mr.S.Ravi).

2. Mr.R.Neelakandan, the learned Additional Advocate General appearing on behalf of the appellants would submit that the services of these casual labourers were regularised with effect from 12.11.2009. Therefore they are not eligible to get pension under old pension scheme i.e., the Tamil Nadu Pension Rules, 1978. The employees appointed/regularised after 01.04.2003 are eligible for contributory pension scheme i.e., new pension scheme. Since the husband of the respondent is falling under the new pension scheme, he is not eligible to count half of the services based on Rule 11(2) of the Tamil Nadu Pension Rules, 1978. Tamil Nadu Pension Rules are not applicable for the employees falling under the new pension scheme i.e., contributory pension scheme. Since the services of the husband of the respondent was regularised with effect from 12.11.2009, the appellant cannot seek counting of half of the services based on Section 11(2) of the Tamil Nadu Pension Rules, 1978.

3. The learned Single Judge has not considered applicability of the Rule 11(2) of the Tamil Nadu Pension Rules, 1978. The Writ Court has followed earlier writ order without reference to the applicability of the Tamil Nadu Pension Rules 1978, in respect of the employees appointed/regularised after 01.04.2003.

4. In the present case, the services of the casual labourers cannot be construed as continuing services and more so, the respondent has not even produced any order of appointment.

5. The learned Additional Advocate General would submit that these casual labourers are appointed as part time labourers in Government agricultural farms, live stock farms. Therefore, the date of regularisation is to be taken into consideration for the purpose of extending the pensionary benefits.

6. In fine, the order passed by the Writ Court is infirm and not in consonance with the pension scheme as applicable to the case of the deceased husband of the respondent. Consequently, the writ order dated 05.05.2017 passed in W.P.No.1945 of 2017 is set aside and the Writ Appeal stands allowed. No cost. Connected Miscellaneous Petition is closed.