High Court · 2024

W.P.No.16094 of 2012IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.01.2024CORAM : THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.16094 of 2012 M.Subramanian ... PetitionerVs.1.The State of Tamil Nadu, Rep. by Chief Secretary, Fort St.George, Chennai – 9.2.The Assistant Commissioner of Revenue Administration, Ezhilagam, Chennai – 600 005.3.The District Collector, Salem District, Salem.4.District Revenue Officer, Sankari, Salem District. … RespondentsWrit Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records of the third respondent relating to Na.Ka.No.41982/2009 (A5) dated 07.10.2011 on his file and quash the same and direct respondents 1 and 2 to grant pensionary benefits to the petitioner as per G.O.Ms.408 dated 25.08.2009 Page No.1 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 2012issued by the first respondent.For Petitioner :Mr.P.RajendranFor Respondents 1 to 4 :Mr.D.Gopal,Government Advocate O R D E RThe petitioner has filed this writ petition to call for the records of the third respondent relating to Na.Ka.No.41982/2009 (A5) dated 07.10.2011 on his file and quash the same and direct respondents 1 and 2 to grant pensionary benefits to the petitioner as per G.O.Ms.408 dated 25.08.2009 issued by the first respondent.2. Learned counsel for the petitioner submitted that the petitioner was appointed as Village Headman, Anangur Village (Old Sankari Revenue Division) on 08.08.1974. This being so, one Kumarasamy had filed an appeal against his appointment and after verifying the qualifications of the petitioner, the Revenue Officer, Salem confirmed his appointment on 03.12.1974 and the petitioner has joined duty on 11.12.1974 and his service was confirmed upto 14.11.1980. On the promulgation of the Tamil Nadu Act Abolition of posts of part time village officers, 1980 with effect from Page No.2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 201214.11.1980, the petitioner has been terminated from the said post.3. Learned counsel for the petitioner further submitted that the state level committee has selected the petitioner as Village Administrative Officer and the petitioner joined duty on 01.09.1982 in the Salem District Revenue Unit and superannuated on 31.03.2008. Thus, the petitioner has served from 11.12.1974 to 14.11.1980 and from 15.11.1980 to 15.04.1982 as Village Headman and was paid honorarium and then salary without any break.4. Learned counsel for the petitioner further submitted that G.O.Ms.No.408 Finance (Pension Department) dated 25.08.2009 was issued for clarifying the Pension Rules for persons who had put in long service but were getting only daily wages or honorarium. The conditions were that the persons should have obtained honorarium and should have been absorbed later in permanent Government Service on or before 01.04.2003. As per this Government Order, the petitioner has been entitled to pension for his service, before he was absorbed as VAO. Therefore, the petitioner has made several representations to the authorities for granting him pensionery benefits. Page No.3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 2012Subsequent to the said representation, the third respondent in Na.Ka.No.41982/2009 (A5) dated 07.10.2011 rejected the claim of the petitioner stating the said Government order is not applicable to him, since he was worked as a part time Village Karnam, before being appointed as VAO. Challenging the said order, the petitioner has come forward with the present writ petition.5. Learned Government Advocate appearing for the respondents has filed a counter affidavit, wherein, it is stated that G.O.Ms.No.408 Finance (Pension) Department, dated 25.08.2009 is applicable to the persons, who are in non provincialised service or consolidated pay or honorarium or daily wages, but they should be full time employees of the Government service. Hence, the said Government Order is not applicable to the petitioner as he was worked as a part time Village Karnam for the period from 11.12.174 to 14.11.1980 and upto 15.04.1982, before being appointed as Village Administrative Officer.6. Learned Government Advocate appearing for the respondents would further submit that the second respondent in his Page No.4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 2012D.O.Lr.No.R.A2(2)/47721/11, dated 29.08.2011 stated that the G.O.Ms.No.408 Finance (Pension) Department, dated 25.08.2009 is not applicable to the petitioner herein, since he was worked as Village Karnam, which was a part time Government Service and hence, his service as Village Karnam for the period from 11.12.1974 to 14.11.1980 and from 15.11.1980 to 15.04.1982 cannot be taken into account for pensionary benefits.7. Heard the learned counsel on either side and perused the materials available on record.8. In the instant case, it is an admitted fact and not in dispute that the petitioner was worked as a part time Karnam for the period from 11.12.1974 to 14.11.1980 and from 15.11.1980 to 15.04.1982, before being appointed as Village Administrative Officer. The G.O.Ms.No.408, Finance (Pension) Department dated 25.08.2009 clearly stipulates that the persons should be in non provincialised service or consolidated pay or honorarium or daily wages, but they should be a full time employees of the Government Service. For better appreciation, the relevant portion of the said Government Order is extracted hereunder:Page No.5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 20122/ mjd;go. tiuaWf;fg;glhj gzp (“Non Provincialised Service), bjhFg;g{jpak; (Consolidated Pay), kjpg;g{jpak; (Honorarium) kw;Wk; jpdf; Typ (Daily Wages) mog;gilapy; gzpg[hpe;J epue;jug; gzpapy; 1/4/2003?f;F Kd;dh; <h;f;fg;gl;l midtUf;Fk; bghUe;Jk; tifapy;. mth;fis epue;jukhfg; gzpapy; <h;f;fg;gLtjw;F Kd;. 1/1/1961?f;Fg; gpd; gzpg[hpe;j tiuaWf;fg;glhj gzpf;fhyk; (Non Provincialised Service). bjhFg;g{jpak; (Consolidated Pay), kjpg;g{jpak; (Daily Wages) kw;Wk; jpdf; Typ mog;gilapyhd bkhj;j gzpf;fhyj;jpy; ghjpia. mth;fsJ Xa;t{jpaj;jpw;F jFjpahd gzpf;fhyj;Jld; nrh;j;J Xa;t{jpag; gad;fSf;F vLj;Jf; bfhs;s. fPH;f;fz;l epge;jidfSf;Fl;gl;L murhy; Miz btspaplg;gLfpwJ/(1) tiuaWf;fg;glhj gzpf;fhyk;-bjhFg;g{jpak;-kjpg;g{jpak;-jpdf;Typ mog;gilapyhd gzpf;fhyk; KGneu muRj; Jiw gzpf;fhykhf ,Uj;jy; ntz;Lk;/(2) muRj; Jiwfspy; khj bjhFg;g{jpak;. kjpg;g{jpak; my;yJ jpdf;Typ bgw;W gpd;dh; epue;ju Page No.6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 2012muRg;gzpapy; <h;f;fg;gl;L ,Uf;f ntz;Lk;/(3) muRj; Jiwapy; epue;jug; gzpaplj;jpw;F gzpKwptpd;wp 1/4/2003?f;F Kd;dh; <h;f;fg;gl;L ,Uf;f ntz;Lk;/3/ ,t;thiz 1/1/1961?f;F gpd;dh; tiuaWf;fg;glhj gzp -bjhFg;g{jpak;-kjpg;g{jpak;-jpdf;Typ mog;gilapy; gzpg[hpe;J. 1/4/2003?f;F Kd;dh; epue;ju muRg; gzpaplj;jpy; <h;f;fg;gl;l midtUf;Fk; bghUe;Jk;. nkYk;. ,t;thiz muRg; gzpahsh;fs;. Cs;shl;rp epWtdg; gzpahsh;fs; MfpnahUf;Fg; bghUe;Jk;/4/ gzpg;gjpntL kw;Wk; chpa Mtz';fspd; mog;gilapy; nkny gj;jp 2?y; cs;s epge;jidfs; epiwt[ bra;a[k; ,d';fspy; rk;ge;jg;gl;l Jiwj; jiyth;fsns jFjpg; gzpf;fhyj;ij fzf;fpl;L khepyf; fzf;fhaUf;F Xa;t{jpag; gad;fSf;fhd Kd;bkhHpt[fs; mDg;g muR MizapLfpwJ/5/ jkpH;ehL Xa;t{jpa tpjpfs; 1978?f;F jf;f jpUj;jk; jdpahf btspaplg;gLk;/ ”Hence, it is crystal clear and evident that the aforesaid Government Order is not applicable to the petitioner, since he was a worked as a part time Village Page No.7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 2012Karnam.9. In view of the factual matrix of the case, the order passed by the third respondent in Na.Ka.No.41982/2009 (A5) dated 07.10.2011 does not warrant any interference by this Court and the same is hereby confirmed. 10. In the result, this writ petition stands dismissed. No costs. 24.01.2024 vmIndex:Yes/NoSpeaking Order:Yes/NoNeutral Citation:Yes/NoTo:1.The State of Tamil Nadu, Rep. by Chief Secretary, Fort St.George, Chennai – 9.2.The Assistant Commissioner of Revenue Administration, Ezhilagam,Page No.8 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 2012 Chennai – 600 005.3.The District Collector, Salem District, Salem.4.District Revenue Officer, Sankari, Salem District. J.SATHYA NARAYANA PRASAD,J.vmW.P.No.16094 of 2012Page No.9 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 201224.01.2024Page No.10 of 10

W.P.No.16094 of 2012IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.01.2024CORAM : THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.16094 of 2012 M.Subramanian ... PetitionerVs.1.The State of Tamil Nadu, Rep. by Chief Secretary, Fort St.George, Chennai – 9.2.The Assistant Commissioner of Revenue Administration, Ezhilagam, Chennai – 600 005.3.The District Collector, Salem District, Salem.4.District Revenue Officer, Sankari, Salem District. … RespondentsWrit Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records of the third respondent relating to Na.Ka.No.41982/2009 (A5) dated 07.10.2011 on his file and quash the same and direct respondents 1 and 2 to grant pensionary benefits to the petitioner as per G.O.Ms.408 dated 25.08.2009 Page No.1 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 2012issued by the first respondent.For Petitioner :Mr.P.RajendranFor Respondents 1 to 4 :Mr.D.Gopal,Government Advocate O R D E RThe petitioner has filed this writ petition to call for the records of the third respondent relating to Na.Ka.No.41982/2009 (A5) dated 07.10.2011 on his file and quash the same and direct respondents 1 and 2 to grant pensionary benefits to the petitioner as per G.O.Ms.408 dated 25.08.2009 issued by the first respondent.2. Learned counsel for the petitioner submitted that the petitioner was appointed as Village Headman, Anangur Village (Old Sankari Revenue Division) on 08.08.1974. This being so, one Kumarasamy had filed an appeal against his appointment and after verifying the qualifications of the petitioner, the Revenue Officer, Salem confirmed his appointment on 03.12.1974 and the petitioner has joined duty on 11.12.1974 and his service was confirmed upto 14.11.1980. On the promulgation of the Tamil Nadu Act Abolition of posts of part time village officers, 1980 with effect from Page No.2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 201214.11.1980, the petitioner has been terminated from the said post.3. Learned counsel for the petitioner further submitted that the state level committee has selected the petitioner as Village Administrative Officer and the petitioner joined duty on 01.09.1982 in the Salem District Revenue Unit and superannuated on 31.03.2008. Thus, the petitioner has served from 11.12.1974 to 14.11.1980 and from 15.11.1980 to 15.04.1982 as Village Headman and was paid honorarium and then salary without any break.4. Learned counsel for the petitioner further submitted that G.O.Ms.No.408 Finance (Pension Department) dated 25.08.2009 was issued for clarifying the Pension Rules for persons who had put in long service but were getting only daily wages or honorarium. The conditions were that the persons should have obtained honorarium and should have been absorbed later in permanent Government Service on or before 01.04.2003. As per this Government Order, the petitioner has been entitled to pension for his service, before he was absorbed as VAO. Therefore, the petitioner has made several representations to the authorities for granting him pensionery benefits. Page No.3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 2012Subsequent to the said representation, the third respondent in Na.Ka.No.41982/2009 (A5) dated 07.10.2011 rejected the claim of the petitioner stating the said Government order is not applicable to him, since he was worked as a part time Village Karnam, before being appointed as VAO. Challenging the said order, the petitioner has come forward with the present writ petition.5. Learned Government Advocate appearing for the respondents has filed a counter affidavit, wherein, it is stated that G.O.Ms.No.408 Finance (Pension) Department, dated 25.08.2009 is applicable to the persons, who are in non provincialised service or consolidated pay or honorarium or daily wages, but they should be full time employees of the Government service. Hence, the said Government Order is not applicable to the petitioner as he was worked as a part time Village Karnam for the period from 11.12.174 to 14.11.1980 and upto 15.04.1982, before being appointed as Village Administrative Officer.6. Learned Government Advocate appearing for the respondents would further submit that the second respondent in his Page No.4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 2012D.O.Lr.No.R.A2(2)/47721/11, dated 29.08.2011 stated that the G.O.Ms.No.408 Finance (Pension) Department, dated 25.08.2009 is not applicable to the petitioner herein, since he was worked as Village Karnam, which was a part time Government Service and hence, his service as Village Karnam for the period from 11.12.1974 to 14.11.1980 and from 15.11.1980 to 15.04.1982 cannot be taken into account for pensionary benefits.7. Heard the learned counsel on either side and perused the materials available on record.8. In the instant case, it is an admitted fact and not in dispute that the petitioner was worked as a part time Karnam for the period from 11.12.1974 to 14.11.1980 and from 15.11.1980 to 15.04.1982, before being appointed as Village Administrative Officer. The G.O.Ms.No.408, Finance (Pension) Department dated 25.08.2009 clearly stipulates that the persons should be in non provincialised service or consolidated pay or honorarium or daily wages, but they should be a full time employees of the Government Service. For better appreciation, the relevant portion of the said Government Order is extracted hereunder:Page No.5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 20122/ mjd;go. tiuaWf;fg;glhj gzp (“Non Provincialised Service), bjhFg;g{jpak; (Consolidated Pay), kjpg;g{jpak; (Honorarium) kw;Wk; jpdf; Typ (Daily Wages) mog;gilapy; gzpg[hpe;J epue;jug; gzpapy; 1/4/2003?f;F Kd;dh; <h;f;fg;gl;l midtUf;Fk; bghUe;Jk; tifapy;. mth;fis epue;jukhfg; gzpapy; <h;f;fg;gLtjw;F Kd;. 1/1/1961?f;Fg; gpd; gzpg[hpe;j tiuaWf;fg;glhj gzpf;fhyk; (Non Provincialised Service). bjhFg;g{jpak; (Consolidated Pay), kjpg;g{jpak; (Daily Wages) kw;Wk; jpdf; Typ mog;gilapyhd bkhj;j gzpf;fhyj;jpy; ghjpia. mth;fsJ Xa;t{jpaj;jpw;F jFjpahd gzpf;fhyj;Jld; nrh;j;J Xa;t{jpag; gad;fSf;F vLj;Jf; bfhs;s. fPH;f;fz;l epge;jidfSf;Fl;gl;L murhy; Miz btspaplg;gLfpwJ/(1) tiuaWf;fg;glhj gzpf;fhyk;-bjhFg;g{jpak;-kjpg;g{jpak;-jpdf;Typ mog;gilapyhd gzpf;fhyk; KGneu muRj; Jiw gzpf;fhykhf ,Uj;jy; ntz;Lk;/(2) muRj; Jiwfspy; khj bjhFg;g{jpak;. kjpg;g{jpak; my;yJ jpdf;Typ bgw;W gpd;dh; epue;ju Page No.6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 2012muRg;gzpapy; <h;f;fg;gl;L ,Uf;f ntz;Lk;/(3) muRj; Jiwapy; epue;jug; gzpaplj;jpw;F gzpKwptpd;wp 1/4/2003?f;F Kd;dh; <h;f;fg;gl;L ,Uf;f ntz;Lk;/3/ ,t;thiz 1/1/1961?f;F gpd;dh; tiuaWf;fg;glhj gzp -bjhFg;g{jpak;-kjpg;g{jpak;-jpdf;Typ mog;gilapy; gzpg[hpe;J. 1/4/2003?f;F Kd;dh; epue;ju muRg; gzpaplj;jpy; <h;f;fg;gl;l midtUf;Fk; bghUe;Jk;. nkYk;. ,t;thiz muRg; gzpahsh;fs;. Cs;shl;rp epWtdg; gzpahsh;fs; MfpnahUf;Fg; bghUe;Jk;/4/ gzpg;gjpntL kw;Wk; chpa Mtz';fspd; mog;gilapy; nkny gj;jp 2?y; cs;s epge;jidfs; epiwt[ bra;a[k; ,d';fspy; rk;ge;jg;gl;l Jiwj; jiyth;fsns jFjpg; gzpf;fhyj;ij fzf;fpl;L khepyf; fzf;fhaUf;F Xa;t{jpag; gad;fSf;fhd Kd;bkhHpt[fs; mDg;g muR MizapLfpwJ/5/ jkpH;ehL Xa;t{jpa tpjpfs; 1978?f;F jf;f jpUj;jk; jdpahf btspaplg;gLk;/ ”Hence, it is crystal clear and evident that the aforesaid Government Order is not applicable to the petitioner, since he was a worked as a part time Village Page No.7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 2012Karnam.9. In view of the factual matrix of the case, the order passed by the third respondent in Na.Ka.No.41982/2009 (A5) dated 07.10.2011 does not warrant any interference by this Court and the same is hereby confirmed. 10. In the result, this writ petition stands dismissed. No costs. 24.01.2024 vmIndex:Yes/NoSpeaking Order:Yes/NoNeutral Citation:Yes/NoTo:1.The State of Tamil Nadu, Rep. by Chief Secretary, Fort St.George, Chennai – 9.2.The Assistant Commissioner of Revenue Administration, Ezhilagam,Page No.8 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 2012 Chennai – 600 005.3.The District Collector, Salem District, Salem.4.District Revenue Officer, Sankari, Salem District. J.SATHYA NARAYANA PRASAD,J.vmW.P.No.16094 of 2012Page No.9 of 10 https://www.mhc.tn.gov.in/judis W.P.No.16094 of 201224.01.2024Page No.10 of 10