W.P(MD) No.497 of 2020 and

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 20.01.2022

CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI

W.P(MD) No.497 of 2020 and

WMP(MD) No.6626 of 2021

1.S.Perumal

2.S.Balakrishnan

3.K.Mariappan

4.M.Poolipandian

5.S.Gurusamy

6.M.Rajan

7.S.Pichammal

Petitioners

Vs.

1.The State of Tamil Nadu,

Rep by its Secretary,

School Education Department,

Fort St George,

Chennai – 600 009.

2.The Director of School Education,

DPI Campus,

College Road,

Chennai – 600 006.

3.The District Education Officer,

O/o the District Educational Office,

Opp.Ratna Theatre,

Tirunelveli District -1.

4.The District Education Officer,

O/o the District Educational Office,

Gomathiammal Government Boys High School,

Sankarankovil, Tenkasi District.

Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution

of India, praying for issuance of a Writ of Mandamus, for a

direction directing the respondents 1 to 4 to include 50% of the

petitioner's service rendered on consolidated wages as per Rule 11

(2) of the Tamil Nadu Pension Rules, 1978 and refix the pension and

disburse the pension and other benefits within the time frame

stipulated by this Court.

For Petitioner

:Mr.T.Lajapathi Roy

For Respondents

:Mr.A.Kannan

Additional Government Pleader

1/4

https://hcservices.ecourts.gov.in/hcservices/

W.P(MD) No.497 of 2020 and

O R D E R

This Writ Petition is filed for a Mandamus to direct the

respondents 1 to 4, to include 50% of the petitioners' service,

rendered on consolidated wages, as per Rule 11(2) of the Tamil Nadu

Pension Rules, 1978, for their pension calculation.

2.The case of the petitioners is that they were recruited

through Employment Exchange and they were appointed as part time

sanitory workers, on consolidated wages in the respondent

Department, during 1993. Though the petitioners have completed 13

years of service, they were not regularized. Hence, they filed W.P

(MD) No.11707 of 2006. and as per order of this Court, the

petitioners were appointed as Sweeper and Watchmen in various

Government Schools, in the regular vacancy. Thereafter, pursuant to

the proceedings in Ref.Na.Ka.No.135/A1/2007, dated 07.02.2011,

passed by the District Education Officer, Tirunelveli, the

petitioners' services were regularized, with effect from 07.12.2007.

Subsequently, the petitioners 1 & 3 were promoted as Junior

Assistant and the petitioners 2,4,5,6,7 were promoted as Record

Clerk. The grievance of the petitioners is that though the

petitioners rendered service from the year 1993, their names were

included only under Contributory Pension Scheme. Hence, the

petitioners have given representation to the respondents citing Rule

11(4) of Tamil Nadu Pension Rules, which provides giving weightage

to the services rendered on consolidated wages from the year 1993.

Since the petitioners' representation was not considered by the

respondents so far, the petitioners are before this Court, with the

present writ petition.

3.The learned counsel appearing for the petitioners relied

upon Rule 11(2) of Tamil Nadu Pension Rules, which provides

weightage to the services rendered on consolidated wages.

4.Mr.A.Kannan, learned Additional Government Pleader

appearing for the respondents by relying upon the judgment passed by

this Court in W.A.No.158 of 2016, etc., batch, dated 03.12.2019, in

the case of Government of Tamil Nadu, Rep. by its Secretary and

Others v. R.Kaliyamoorthy and Others,

strongly opposed the

contention raised by the petitioners' counsel. He further submits

that as per the above judgment, the petitioners are not entitled for

the relief that 50% of the services rendered by them on consolidated

wages to be taken into account for pension calculation.

5.This Court paid its anxious consideration to the rival

submissions made and also perused the mate