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2025 Supreme(Online)(Mad) 24404
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
The Government of Tamil Nadu, Represented by its Secretary, Social Welfare and Nutritious Meal Programme, Fort St. George, Chennai – 600 009. – Appellant
Versus
S.Jesililly Flora – Respondent
W.A(MD)Nos.1553 to 1561 of 2016|W.P(MD)No.23670 of 2016|W.M.P(MD)No.17001 of 2016
For the Appellants/Petitioners: Mr.J.Ashok Additional Government Pleader
For the Respondents: No appearance
Anganwadi workers appointed temporarily cannot count their service for pension eligibility under the Tamil Nadu Pension Rules, 1978, as their employment is part-time and not sanctioned for pensionable benefits.
Headnote:(A) Tamil Nadu Pension Rules, 1978 - Rule 2 and Rule 11(2) - Eligibility of Anganwadi workers for pension benefits - Court held that Anganwadi workers, being part-time and not in sanctioned posts, cannot count their service for pension under the Tamil Nadu Pension Rules, 1978, as they were regularized after 01.04.2003. The rules stipulate that only service in pensionable establishments is eligible for benefits. (Paras 4, 10, 12, 17)
(B) Employment Status - Court reiterated that benefits not conferred under the terms of appointment cannot be claimed post-regularization. (Paras 13, 18)
Facts of the case:
The appeals arose from orders allowing Writ Petitions claiming pension benefits for Anganwadi workers who were appointed temporarily under a Government scheme and later regularized. The workers sought to count their service as qualifying for pension.
Findings of Court:
The court found that the Anganwadi workers were not entitled to pension benefits under the Tamil Nadu Pension Rules, 1978, due to their part-time employment status and the timing of their regularization.
Issues: The main issues were whether temporary Anganwadi workers could count their service for pension eligibility and the applicability of the Tamil Nadu Pension Rules, 1978.
Ratio Decidendi: The court concluded that Anganwadi workers' services could not be considered as qualifying for pension, emphasizing the distinction between non-pensionable and pensionable establishments as per the rules.
Result: Writ Appeals allowed; Writ Petition dismissed.
| Table of Content |
|---|
| 1. introduction of the case and parties involved. (Para 1 , 2) |
| 2. eligibility of anganwadi workers for pension benefits. (Para 3 , 4 , 5 , 6 , 7) |
| 3. discussion on the applicability of tamil nadu pension rules. (Para 8 , 9 , 10) |
| 4. analysis of service conditions and pension eligibility. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. final judgment and dismissal of the writ petition. (Para 18) |
COMMON JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The intra-Court Appeals viz., W.A(MD)Nos.1553 to 1561 of 2016 have been instituted to assail the writ orders dated 27.01.2016 in W.P(MD)Nos. 591, 593, 594, 595, 596, 597, 598, 599 and 600 of 2016 respectively.
2.W.P(MD)No.23670 of 2016 has been instituted seeking to quash the impugned G.O.Ms.No.34, Social Welfare and Nutritious Meal Programme Department, dated 14.03.2013 issued by the first respondent, insofar as the petitioner is concerned and to direct the respondents to count 50% of the petitioner's consolidated service rendered as Noon Meal/Integrated Child Development Scheme Services pursuant to G.O.Ms.No.6, Social Welfare and Nutritious Meal Programme Department, dated 06.01.2010 issued by the first respondent and to award pension and arrears of pension.
3.The issues raised in these batch of Writ Appeals and Writ Petition are that whether the Anganwadi workers appointed temporarily under a Government scheme are eligible to count the services as Anganwadi workers as qualifying service for pension under the Tamil Nadu Pension Rules, 1978 .
4.Admittedly, the post of Anganwadi worker is not a sanctioned post and the individuals were appointed under a scheme formulated by the Government. The post of Anganwadi worker does not fall under the pensionable establishment, although their services were subsequently regularized under the pensionable establishment, considering the fact that they served for long years.
5.The learned Additional Government Pleader brought to the notice of this Court that these Anganwadi workers were regularized in sanctioned posts after 01.04.2003. Pertinently, the candidates possessing graduate qualifications were absorbed in the post of B.T Assistant after undergoing the qualifying examination. Other Anganwadi workers, who were not qualified for the post of B.T Assistant, were absorbed in the posts of Supervisor Grade II or Rural Welfare Officer in the Social Welfare Departments.
6.Thus, all the temporary Anganwadi workers engaged under the Government schemes and who served for long years were absorbed in sanctioned posts after 01.04.2003 and their services were regularized.
7.These erstwhile Anganwadi workers filed Writ Petitions claiming retrospective service benefits from the date on which they were engaged as Anganwadi workers under the scheme.
8.The learned Single Judge since allowed the Writ Petitions, the present Writ Appeals came to be instituted by the State.
9.The issue in this regard is to be considered in the context of the Tamil Nadu Pension Rules, 1978 . Rule 2 of the Tamil Nadu Pension Rules, 1978 states about 'Application' and reads as under:
“2.Application – Save as otherwise provided in these rules, these rules shall apply to all Government servants appointed to services and posts in connected with the affairs of the State which are borne on pensionable establishments whether temporary or permanent, but shall not apply to -
(a) persons in casual and daily rated employment;
(b) persons paid from contingencies;
(c) persons employed on contract except when the contract provides otherwise;
(d) members of the All-India Services;
(e) persons entitled to the benefit of Contributory Provident Fund;
(f) persons who are entitled to the benefits under the Factories Act, 1948 and the Employees' Provident Fund Act, 1952 , excluding those who are governed by Statutory Service Rules and belong to pensionable service.”
10.With reference to Rule 2 cited supra, all Government servants appointed to services and posts in connection with the affa
