High Court · 2025

W.P.No.36897 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 26.09.2025CORAMTHE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRAW.P.No.36897 of 2025and WMP.No.41280 of 20251.R.Vasantha 2.B.Kalavathi3.G.Manoharan4.G.Vetrivel5.S.Gunasekaran6.P.Thiyagarajan7.C.Sivakumar ... Petitioners Vs.Tamilnadu Housing Board Rep By Its Managing Director, CMDA Complex, E And C Market Road,Koyambedu, Chennai-600 107...RespondentPrayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondent to implement the benefits granted vide proceedings bearing No.PNT-1/34971/2012 dt.27.1.2023 to the petitioners to pay pension by taking into account 50 percentage of their service rendered before their regularisation as pensionable service for calculation of pension with arrears from the date of their retirement with interest as per the order of this Honble court in WP No.11746 of 2014 dt.3.11.2017 as confirmed by order dt.16.8.2022 in WA 1/10 https://www.mhc.tn.gov.in/judis W.P.No.36897 of 2025No.1857 of 2022 and of the Hon’ble Supreme court vide order dt.25.11.2022 in SLP (C) No.20427 of 2022.For Petitioner: Ms.M.N.SumathyFor Respondents: Mr.V.Logesh, Standing Counsel (TNHB) O R D E R This Writ Petition has been filed for a direction to the respondent to calculate the petitioners' pension by taking note of 50% services rendered as temporary employee till the petitioners' regularization and disburse the same together with arrears by taking note of order passed in W.P.No.11746 of 2014, dated 03.11.2017 confirmed by the Hon'ble Division Bench in W.A.No.1857 of 2022 dated 16.08.2022 and of the Hon’ble Supreme Court vide order dated 25.11.2022 in SLP (C) No.20427 of 2022.2. Heard the learned counsel appearing on either side and perused the materials available on record.3. The petitioners were initially appointed as Nominal Muster Roll employees in the Tamil Nadu Housing Board and subsequently, their services were regularised. As per G.O.Ms.No.408 issued by the Finance (Pension) Department dated 25.08.2009, the service of persons who were engaged after 01.01.1961 in non-provincialised service on consolidated 2/10 https://www.mhc.tn.gov.in/judis W.P.No.36897 of 2025pay, daily wages and honorarium and regularised prior to 01.04.2003 were given the benefit of counting 50% of their service as qualifying service for pensionary benefits. The said benefit is extended to similarly placed persons who had approached this Court by filing WP.No.11746 of 2014 dated 13.11.2017. However, the said benefit has not been extended to the petitioners herein. Therefore, they have given representations to the respondent to extend the same benefit to them. However, their representations have not been considered till date. Hence, this Writ Petition.4. This Court perused the order passed in W.P.No.11746 of 2014 dated 03.11.2017. wherein, this Court has held as under:- 5.The grievances advanced in this writ petition is the non consideration of the amended Rule 11 of the Tamil Nadu Pension Rules, in respect of qualifying the services and the amended Rule is extracted hereunder:- Rule 11QUALIFYING SERVICE1. "Commencement of qualifying service – {(1}) Subject to the provisions of these rules, qualifying service of a Government servant shall commence from the date he taken charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity. In the case of a Government servant retiring on or after the 1 st October. 1969,2{.....} temporary or officiating service 3/10 https://www.mhc.tn.gov.in/judis W.P.No.36897 of 2025in a pensionable post whether rendered in a regular capacity or not shall count in full as qualifying service even it is not followed by confirmation. (2) Half of the service paid from contingencies shall be allowed to count towards qualifying service for pension along with regular service subject to the following conditions:? service paid from contingencies shall be in a job involving whole time employment and not part time for a portion of the day.? Service paid from contingencies shall be in a type of work or job for which regular posts could have been sanctioned, for example Chowkidar.? Service shall be for which the payment is made out on monthly or daily rates computed and paid on a monthly basis and which, though not analogous to the regular scale of pay, shall bear some relation in the matter of pay to those being paid for similar jobs being performed by staff in regular establishments.? Service paid from contingencies shall be continuous and followed by absorption in regular employment without a break.? Subject to the above conditions being fulfilled, the weightage for past service paid from contingencies shall be limited to the period after the 1st January 1961 for which authenticated records of service may be available.? Pension or revised pension admissible as the case shall be paid from the 23rd June 1988.][Half of the service rendered by State Government employee under non-pensionable establishment shall be allowed to be counted for pensionary benefits along with regular service under pensionable establishment subject to the following conditions. (a) Service under non-pensionable 4/10 https://www.mhc.tn.gov.in/judis W.P.No.36897 of 2025establishment should have been in a job involving whole time employment.(b) The service under non-pensionable establishment should have been on time scale of pay.(c) The service under non-pensionable establishment should have been continuous and followed by absorption in pensionable establishment without a break.(3) These orders shall take effect from the date of this Government Order. In respect of those who retired prior to the date of this order, eligible pension or revised pension, as the case may be, shall be paid from the date of this order, and that there can be no claim for arrears in any case for the period upto the date of this order.Note: In the case of the employees of the former Pudukkottai State and persons transferred from the former Travancore Cochin State consequent on the reorganisation of State temporary or officiating service rendered in a regular capacity under the former Pudukkottai State or the former Travancore Cochin State shall count in full for purposes of pension:Provided that-(a) in the case of a Government Servant, service rendered before attaining the age of eighteen years shall not count, except for compensation gratuity;(b) in the case of a Government Servant whose year and month of birth are known, but not the exact date the 16th of the month should be treated as the date of birth. When the year of birth is known but not the month and date 1st July if the year shall be taken.(c) in the case of a Government Servant with no military service who gives on recruitment only his age, but not the year of his birth the year should be arrived at by deducting from the year of recruitment the given age and then the date of birth should be taken as the 1st July of that year:5/10 https://www.mhc.tn.gov.in/judis W.P.No.36897 of 2025Provided further that in the case of a Government servant with previous military service the date of birth is fixed as laid down below:When a military employee is transferred to a civil department under the Government and assumes a civilian status, the date of birth to be entered in his service book should be the date stated by him at the time of attestation. When the documents referring to the previous military service of an individual do not give the definite date of birth but only the age stated at the time of attestation, he should be assumed to have completed the stated age on the date of attestation e.g., if one ex-soldier was enrolled on 1st January 1910 and if, on that date, his age was stated to be 18, his date of birth should be taken as 1st January 1892. This procedure will apply to cases arising on or after 27thJune 1938.Notwithstanding anything contained above in cases where S.S.L.C. Or any other school certificate is available, the date of birth, as entered therein should be taken into account. [Explanation.--For the purpose of date of birth, the word 'attestation' refers only to the initial records kept by the Defence Department at the time of appointment of the individual and not in the discharge certificate on discharge from the Defence Department.] '6. While amending Rule 11(4)(iii), the Government imposed the cut-off date as 01.04.2003. It is stated that Service rendered in non-provincialised service, consolidated pay, honorarium or daily wages basis shall be followed by absorption in regular service before 1st April 2003 without a break.6/10 https://www.mhc.tn.gov.in/judis W.P.No.36897 of 20257. In view of the amended Rule 11 of the Tamil Nadu Pension Rules, which was already adapted by the authorities concerned, the writ petitioners are eligible for counting of the half of the services rendered by them as casual labours, if they satisfy the conditions stipulated in the said amended Rules. If the writ petitioners fall within the categories mentioned under Rule 11 as well as the order of the competent authorities, then the writ petitioners case has to be considered. 8.In this view of the matter, the respondents are directed to re-consider the case of the writ petitioners for counting half of the services rendered by them on consolidated pay, in accordance with Rule 11 of the Tamil Nadu Pension Rules, 1978, and pass appropriate orders in this regard, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the same to the writ petitioners. " 5. Aggrieved by the above order, the respondent filed Writ Appeal in W.A.No.1857 of 2022 and the same was also dismissed by an Hon'ble Division Bench of this Court, by an order dated 16.08.2022. The order passed by the Hon'ble Single Judge of this Court was also confirmed by the Hon'ble Supreme Court of India in SLP (C) No.20427 of 2022, by an order 7/10 https://www.mhc.tn.gov.in/judis W.P.No.36897 of 2025dated 25.11.2022.6. In view of the above, the respondent is directed to reconsider the case of the petitioners for counting half of the services rendered by them on consolidated pay, in accordance with Rule 11 of the Tamil Nadu Pension Rules, 1978 and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.26.09.2025Index: Yes/NoSpeaking Order: Yes/NoNeutral Citation : Yes/No(shr)To1.The Managing Director, Tamilnadu Housing Board CMDA Complex, E And C Market Road, Koyambedu, Chennai-600 1078/10 https://www.mhc.tn.gov.in/judis W.P.No.36897 of 2025A.D.JAGADISH CHANDIRA . J., (shr)9/10 https://www.mhc.tn.gov.in/judis W.P.No.36897 of 2025W.P.No.36897 of 2025and WMP.No.41280 of 202526.09.2025(1/2)10/10