The arbitrary cut-off date of 01.04.2003 for pension eligibility violates equal protection principles, allowing prior temporary service in pensionable posts to count towards qualifying service.

Headnote:(A) Tamil Nadu Pension Rules, 1978 - Rule 3(o), Rule 11(2), Rule 11(4) - Writ Petition for inclusion in Old Pension Scheme - Petitioner appointed as Sweeper and regularized after 3 years - Shifted to New Pension Scheme without notice - Court held that cut-off date of 01.04.2003 is arbitrary and violative of Article 14, and that qualifying service includes service rendered before regularization. (Paras 10-18)

(B) Service Regularization - Temporary service can count towards qualifying service for pension if appointment was made in a vacancy of a pensionable post. (Paras 11, 12)

(C) Writ Jurisdiction - Court has the authority to quash arbitrary actions by State authorities affecting employee rights. (Para 18)

Facts of the case:
The petitioner was appointed as Sweeper in a Town Panchayat and was not regularized upon completion of three years of service due to a ban on appointments. After a court order, her service was regularized, but her pension was shifted to a new scheme without notice.

Findings of Court:
The court ruled in favor of the petitioner, emphasizing the right to benefits under the Old Pension Scheme based on qualifying service.

Issues: Whether the petitioner is entitled to pension under the Old Pension Scheme despite being regularized after the cut-off date of 01.04.2003.

Ratio Decidendi: The court concluded that the arbitrary application of the cut-off date violates equal protection principles, and qualifying service includes service rendered prior to regularization.

Result: Writ Petition allowed, directing inclusion in the Old Pension Scheme.

ORDER

This Writ Petition is filed, seeking to direct the respondents to include the name of the petitioner in the Old Pension Scheme under the Tamil Nadu Pension Rules, 1978 , as per the order dated 01.04.2013, made in W.P. (MD)No.15823 of 2012, etc., regularizing the service of the petitioner on completion of three year service from the date of joining on 09.08.2021.

2.Heard the learned counsel for the petitioner, the learned Government Advocate for the respondents and carefully perused the materials available on record.

3.The petitioner was initially appointed as Sweeper in the 4^th respondent Town Panchayat, by proceedings of the 4^th respondent in Na.Ka.No.392/2000, dated 09.08.2001, in a regular post in a vacancy, which had arisen due to the retirement of one Tmt.T.Kuppamal, on attaining superannuation. The 4^th respondent appointed the petitioner as per G.O.Ms.No.129, Municipal Administration and Water Supply Department, dated 20.05.1998, as sponsored by the Employment Exchange, Theni, on 26.06.2001, on a consolidated pay of Rs.900/- per month. In view of the ban imposed by the State in the matter of appointment, the petitioner was not regularized on completion of 3 years of continuous service. Thereafter, she was absorbed into service by bringing her service into timescale of pay, by proceedings of the 4^th respondent in Na.Ka.No.392/2000, dated 04.08.2006. Since the petitioner was not regularized from the date of completion of 3 years of continuous service from the date of her initial appointment, she filed a Writ Petition in W.P.(MD)No.15823 of 2012, challenging the regularization order, regularizing her with effect from 04.08.2006. This Court, by order dated 01.04.2013, in W.P.(MD)No.15823 of 2012 allowed the aforesaid Petition and the operative portion of the same is extracted as follows:-

“6................As per G.O.Ms.No.125, they should have been brought to scale of pay on completion of 3 years of service on consolidated pay. Before, they were brought to consolidated scale of pay, they rendered long years of service in Town Panchayat as NMRs on daily wage basis. Furthermore, when so many orders are passed by this Court, the State should have given benefit of those orders to all similarly situated persons, instead of forcing those persons to come to this Court and to seek relief in terms of those orders. These persons are sanitary workers belonging to the lower lowest strata of the Society.

7. Taking into account these facts, I am not inclined to dismiss the Writ Petitions on the ground of latches. Hence, these Writ Petitions are allowed, in view of the earlier orders referred to above. The impugned orders are quashed and respondents are directed to regularize the service of the petitioners on completion of 3 years of service in consolidated pay and to pay the benefits accordingly. The respondents are directed to undertake the aforesaid exercise and to pay the benefits within a period of 12 weeks from the date of receipt of a copy of this order.”

4.Pursuant to the aforesaid order, the respondents regularized the petitioner's service on completion of 3 years of service from the date of initial joining on 09.08.2001 and her name was entered for old pension under the Tamil Nadu Pension Rules, 1978 . Thereafter, a new pension scheme 2003 was introduced. But the new incumbent in the office of the fourth respondent without any notice or valid reason, changed the petitioner's pension into the New Pension Scheme, 2003. Claiming that the petitioner is entitled for the benefit of old pension under the Tamil Nadu Pension Rules, 1978 , which was enforced from 01.01.1979 to 31.03.2003, since she is appointed in a substantive post on 09.08.2001 itself, she made several requests to the respondents to include her name in the Old Pension Scheme. However, without heeding to her request, her name was shifted from the Old Pension Scheme into the new contributory pension scheme without notice or issuing any proceedings. Hence, this Writ Pet

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