Mangalam v. The Collector of Thanjavurand Director of Sarasvathi MahalLibrary, T.M.S.S.M.LibraryThanjavur

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.07.2008CORAM:THE HONOURABLE MR. JUSTICE K. CHANDRUWrit Petition Nos.13368, 14417 and 14278 of 1999Mangalam.. Petitioner in W.P.No.13368/1999The Sarasvathi Mahal NoolagamMatrum Paniyalargal Munnetra Sangam,Thanjavur, rep.by itsSecretary, K.PadmanabhanNo.102, East Main StreetThanjavur.. Petitioner in W.P.No.14417/1999T.R.Beema Rao.. Petitioner in W.P.No.14278/1999Vs.1.The Collector of Thanjavurand Director of Sarasvathi MahalLibrary, T.M.S.S.M.LibraryThanjavur2.The Government of Tamil Nadu rep.by its Secretary to Government Department of School EducationFort St.George, Chennai 600 0093.The State of Tamil Nadu rep.by its Secretary,Finance Department Fort St.George, Chennai 600 009.. Respondents in all W.Ps.Prayer in W.P.No.13368/1999:Petition filed under Article 226 ofthe Constitution of India for the issuance of writ of mandamusdirecting the respondents to pay the petitioner her pension on apar with similarly placed Government servant and also pay hergratuity as per the payment of Gratuity Acts. https://hcservices.ecourts.gov.in/hcservices/ Prayer in W.P.No.14417/1999:Petition filed under Article 226 ofthe Constitution of India for the issuance of writ of mandamusdirecting the respondents to make provision for the payment ofpension and gratuity and other benefits to the staff members ofthe petitioner Sangam and also to create funds sufficient for thatpurpose so that a continuous income is generated in order toenable the respondents to pay the pension to retiring staffmembers of the first respondent Library and also make provisionfor payment of gratuity on the basis of Government servant andalso make it applicable to all the surviving staff members of thelibrary, whether working or retired and in appropriate cases alsoprovide for family pension to cover the family members of thedeceased servants of the library and also make it haveretrospective effect from the date of retirement.Prayer in W.P.No.14278/1999:Petition filed under Article 226 ofthe Constitution of India for the issuance of writ of mandamusdirecting the respondents to pay the petitioner's pensionarybenefits and gratuity benefits as contemplated by law.For Petitioners : Mr.K.RamachandranFor Respondents : Mr.Girish Neelakantan,G.A.C O M M O N O R D E RWrit Petition No.14417 of 1999 is filed by an Association ofthe Library employees in Saraswathi Mahal Library at Thanjavur.The said Library is managed by the Collector of Thanjavur as itsDirector and it is registered under the Tamil Nadu SocietiesRegistration Act, 1975. The Society maintains the library andthere are 33 regular workers and 6 temporary workers in the saidlibrary. With reference to the development grant, the CentralGovernment is providing the same. With reference to the salary ofthe employees, the State Government is granting annual grant underthe maintenance funds. The employees of the library were coveredby the Contributory Provident Fund. However, subsequently, theywere demanding a pension scheme to be extended on par with thestaff of the library run by the State Government and also theSchools run by the School Education Department. 2. A Writ Petition was filed before this Court beingW.P.No.11499 of 1995 by the very same petitioner Association aswell as by several other employees. A batch of Writ Petitionscame to be disposed of by this Court by a common order dated3.2.1997. This Court, after recording the submission on behalf ofthe petitioners held that it is for the Government of Tamil Naduto decide whether pension scheme to the employees of the library https://hcservices.ecourts.gov.in/hcservices/ can be introduced or not. Therefore, a direction was given to therespondents to consider the implementation of Employees' PensionScheme to the petitioner.3. Pursuant to the direction, after several correspondencebetween the petitioner Union, the individual workers with theGovernment, an order came to be passed by the Director of SchoolEducation in G.O.Ms.No.65, dated 20.3.1998. In that, it wasstated that though the employees have been demanding pensionscheme, the Government considered that it will be a greaterfinancial constraint on the State and the other Societies also maylikely to claim such a demand, citing this as a precedent andtherefore on the basis of compassion, a separate scheme forpension can be created for the staff of the library. But, when ademand was made for a special fund by the State Government, theCentral Government rejected for making any additional grant.Therefore it was stated that with effect from 1.11.1994, theemployees will be paid a minimum pension of Rs.375/- with interestdrawn from the deposit of the Provident Fund. Subsequently, theGovernment increased the amount of Rs.375/- into Rs.500/- fromJune 1997. On the basis of the direction issued, the Governmentstated that taking into account the interest of the staff, theGovernment created a special scheme by which the Government willpay a matching contribution to the Provident Fund subscribed bythe staff and there would not be a block grant on this ground. Acontribution made by the Government by a matching grant will bekept as a special contribution and from that pension will be givento the workmen and the scheme will be available to the existing 33regular workers with effect from 1.4.1995 and the minimum pensionof Rs.635/- will be granted. If any person dies, the wife of thesaid staff will be given 50% of the said amount as a compensatorypension. Therefore, the Government informed the petitioners thatthe said pensionary scheme is proposed by the Government. Notsatisfied with the scheme, the petitioner Union has filed thepresent Writ Petition No.14417 of 1999.4. Apart from that, two other employees Mrs.Mangalam andMr.T.R.Beema Rao filed two Writ Petitions being W.P.Nos.13368 and14278 of 1999 respectively. In view of the interconnectivity ofthese three Writ Petitions, the matters were heard together.5. Mr.K.Ramachandran, the learned counsel for the petitionerssubmitted that when this Court directed the Government to considerand the Government was also informing them periodically that thematter was receiving active consideration by them, they have notsettled for the G.O.Ms.No.65, School Education Department and itdoes not satisfy the demand of the workman. Further, the amountof Rs.635/- granted as pension is hardly enough to maintain the https://hcservices.ecourts.gov.in/hcservices/ retired staff and therefore the Government should be directed topay regular pension similar to that of the Government servants.6. This argument overlooks the following facts:i) The Government is not directly responsible for the runningof the Society.ii) The Government had requested the Central Government foradditional funds, which was not forthcoming.Iii) The Government also said that any pension to SaraswathiMahal Library employees run by a Society will create chainreaction for similar Societies to make such a demand andtherefore, they cannot introduce a pension scheme only for one setof employees.iv) For the pension benefit to be granted, the Government'sfinancial position is not permitting.7. In the light of the same and in the absence of the G.O.,being under challenge, this Court is not inclined to concede thedemand made by the petitioners.8. The Supreme Court in S.C.Chandra vs. State of Jharkandreported in 2007 (8) SCC 279, has held that grant of servicecondition by the State is either a legislative or an executivefunction and by judicial fiat, the Court cannot direct theGovernment to create an obligation involving finance.9. Applying the concept of Montesquieu's doctrine, theSupreme Court directed that the Courts should have self-imposedrestriction on its judicial power in entertaining such WritPetitions and must refrain from granting directions to the Stateto make Rules to provide for new pay scales or such otherbenefits.10. In the light of the same, the Writ Petitions aremisconceived and accordingly, the Writ Petitions are dismissed. Nocosts.ajr Sd/- Assistant Registrar / True Copy / Sub. Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ To1.The Collector of Thanjavurand Director of Sarasvathi MahalLibrary, T.M.S.S.M.LibraryThanjavur2.The Secretary to Government Government of Tamil Nadu, Department of School EducationFort St.George, Chennai 600 0093.The Secretary,State of Tamil Nadu Finance Department Fort St.George, Chennai 600 0091 cc to Mr.K.Ramachandran, Advocate, SR.39598bvr (co)dv/1.8.W.P.Nos.13368, 14417 and 14278 of 1999