WP No.29895 of 2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14-07-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

WP No.29895 of 2014

And

MP No.1 of 2014

1.K.Jayaraman

2.P.Govindasamy

3.M.Padmanaban

4.K.Ranganathan

5.M.Vijayan

6.T.Sivaraj

7.G.A.Subramani

..

Petitioners

vs.

1.The State of Tamil Nadu,

Represented by its Agricultural Production

Commissioner and Principal Secretary to

Government,

Agriculture (OS) Department,

Secretariat,

Fort St. George,

Chennai – 600 009.

1/16

https://www.mhc.tn.gov.in/judis

WP No.29895 of 2014

2.The State of Tamil Nadu,

Represented by its Secretary to Government,

Finance (Pension) Department,

Fort St. George,

Chennai – 600 009.

3.The Department of Agriculture,

Represented by Commissioner of Agriculture,

Chepauk,

Chennai – 600 005.

4.The Accountant General (Accounts and

Entitlement),

No.361, Anna Salai,

Chennai – 600 018.

..

Respondents

Writ Petition is filed under Article 226 of the Constitution of India,

praying for the issuance of a Writ of Certiorarified Mandamus, calling for

the records of the first respondent having Ref.No.Lr.No.2569/OS/2014-12,

dated 15.10.2014 and quash the same and consequently direct the first

respondent to accept the recommendation of the third respondent in his letter

dated 31.08.2010 having Ref.No.Na.Ka.Ve.Vi.P/1075/A1/03 and the fourth

respondent in its letter dated 23.12.2008 having Ref.No.

AG(A&E)/Pen.30/III/08-09/34 and pass a Government Order treating the

service rendered by the erstwhile Tamil Nadu Cooperative Oil Seeds

Growers Federation Limited employees as qualifying service under Rule 11

of the Tamil Nadu Pension Rules for the purpose of calculation and payment

of pension and other retiral benefits to the petitioners from the date of their

retirement.

2/16

https://www.mhc.tn.gov.in/judis

WP No.29895 of 2014

For Petitioners

: Ms.Nalini Chidambaram,

Senior Counsel for Ms.C.Uma.

For Respondents-1 to 3 : Ms.S.Anitha,

Special Government Pleader.

For Respondent-4 : Mr.S.Mahesh for

Mr.V.Vijayshankar.

O R D E R

The order of rejection, rejecting the claim of the writ petitioners

for reckoning the period of services rendered by them in the Tamil Nadu

Cooperative Oilseeds Growers Federation Ltd [TANCOF] as qualifying

services under Rule 11 of the Tamil Nadu Pension Rules, 1978, is under

challenge in the present writ petition.

2. The petitioners joined the services of Tamil Nadu

Cooperative Marketing Federation Ltd [TANFED], which was subsequently

converted as Tamil Nadu Cooperative Oilseeds Growers Federation Ltd

[TANCOF]. TANCOF is a Cooperative Society registered under the

provisions of the Tamil Nadu Cooperative Societies Act, 1983. In view of the

3/16

https://www.mhc.tn.gov.in/judis

WP No.29895 of 2014

financial loss occurred in the TANCOF Cooperative Society winding up

proceedings were initiated under Section 137 of the Tamil Nadu Cooperative

Societies Act, 1983 [hereinafter referred to as the 'Act', in short]. The

Government took a policy decision to absorb all the TANCOF employees

into the Agriculture Department of the Government of Tamil Nadu.

Accordingly, an order was passed in G.O.Ms.No.142, Agriculture

Department, dated 04.06.2002.

3. The absorption of employees were made by creating certain

posts and by granting pay protection to the employees. The Chairman and

Managing Director of TANCOF sent proposals for transfer of the

Agriculture Extension Wing of TANCOF along with its staff to the control of

the Commissioner of Agriculture. In the proposals, the Managing Director

has stated that the Agriculture Extension Wing, which is having 11 cadres