Regularization of service after the cutoff date of 01.04.2003 bars additional qualifying service for pension eligibility under Tamil Nadu Pension Rules.

(Judgment of the Court was made by N.SATHISH KUMAR, J.)

Challenging the orders passed by the learned Single Judge dismissing the Writ Petitions in W.P.(MD) Nos. 6701, 6702, 6709 and 6699 of 2018, dated 03.01.2023, the present Writ Appeals have been preferred by the writ petitioners.

2.It is the case of the appellants/writ petitioners that they joined service as daily wage employees in the years 1995, 1995, 1995 and 1993, respectively. After completion of twelve and fourteen years of service, their services were regularised in the year 2007. Hence, according to them, as per G.O.No.259, Finance (Pension) Department, dated 06.08.2003, they are entitled to receive pension.

3.The learned Single Judge found that there was no illegality in granting regularisation in the year 2007 through G.O.Ms.No.149, Health and Family Welfare (F2) Department, dated 08.05.2007, and rejected the claim of the appellants/writ petitioners, thereby dismissing the Writ Petitions.

Challenging the same, the present Writ Appeals have been preferred.

4.The main contention of the learned counsel appearing for the appellants/writ petitioners is that the writ petitioners were regularised after the cut-off date of 01.04.2003. As per G.O.No.259, Finance (Pension) Department, dated 06.08.2003, they are entitled to claim pension, including qualifying service.

5.We have perused the entire order of the learned Single Judge, and it is relevant to note that, admittedly, the appellants/writ petitioners joined as daily wage employees and were later regularised in the year 2007, i.e., after

01.04.2003.

6.In this regard, it is useful to refer to the judgment of the Full Bench of this Court in Government of Tamil Nadu and others vs.

R. Kaliyamoorthy [2019 Vol. VI CTC 705], wherein it is stated as follows:

“40.For example, if a person is appointed prior to

01.04.2003 in a non-provincialised service or on consolidated pay or on honorarium or daily wage basis and later to a cadre post on temporary basis under Rule 10 (a) (i) of The Tamil Nadu State and Subordinate Service Rules before 01.04.2003 and such service is regularised after 01/04/2003, such Government employee is eligible for Government Pension under the Tamil Nadu Pension Rules but at the same time would not be eligible to include half of services rendered in such capacity viz., i) Non- provincialised Services ii) Consolidated pay; iii)

honorarium; or iv) daily wage basis to his regular service.

41. Thus, a government servant who may have been appointed before the cut-off date of 31.03.2003 may be entitled to government pension if he satisfies the requirement of qualifying service in Rule 3(o) of the Tamil Nadu Pension Rules, 1978. However, such a person will not be entitled to add half of the past service held in any one of the four capacity mentioned above prior to 01.04.2003 since his regularisation is subsequent to the cut off date. Therefore, only those who were appointed prior to 01.04.2003 whether as temporary appointment but in accordance with Rule 10 (a) (i) alone will be entitled to get pension.

42. The cut off date i.e. on or after 01.04.2003 in proviso to Rule 2 of the Tamil Nadu Pension Rules, 1978 will not perse bar a person from getting pension if such a person had joined the service in accordance with the provisions of Tamil Nadu State and Subordinate Service Rules i.e in the cadre whether on temporary or permanent basis. Services rendered before the cut off date of 01.04.2003, can be added to the regular service only if the service was regularised before the said date for determining the qualifying service. Therefore, in our opinion, it would be appropriate to say that Rule 11 (4) gives the meaning of qualifying service rather than giving significance to cut off date. Therefore, it is clear that only if the appointm