BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20/09/2010
CORAM
THE HONOURABLE MR.JUSTICE K.CHANDRU
W.P.(MD).No.10657 of 2007
and
M.P.(MD)No.1 of 2007
V.Ganesan ... Petitioner
Vs.
1.Thamizh Naadu Electricity Board,
Rep. by its Secretary,
Nadippisai Pulavar K.R.Ramasamy Maaligai,
Annasalai, Chennai-600 002.
2.The Superintendent Engineer,
Purchase and Administration,
Tuticorin Thermal Power Station,
Thamizh Naadu Electricity Board,
Tuticorin-628 004.
3.Secretary to Government,
Municipal Administration,
Fort St. George,
Chennai-600 009.
4.Commissioner,
Municipal Administration,
Chepauk, Chennai-600 005.
5.Commissioner,
Colachel Municipality,
Colachel-629 251.
6.Director,
Local Fund Audit Department,
Kurazhagam,
Chennai-600 108. ... Respondents
PRAYER
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records in
Mu.Mu.No.15361/2005/B2, dated 03.05.2006 of the Commissioner, Municipal
Administration, Chennai-5, the fourth respondent herein and quash the same and
pass order for the grant of the pensionary benefits including gratuity
commutation from the date of retirement to the petitioner by all concerned by
reckoning the service of the petitioner in the Colachel Municipality from
14.07.1977 FN 20.12.1982 AN along with the service of the petitioner in the
Thamizh Naadu Electricity Board from 21.12.1982 FN to 31.10.2006.
!For Petitioner ... Mr.A.E.Chellaiah,
Senior Counsel
For Mr.P.Karunakaran
^For Respondents 1 and 2 ... Mr.V.Panneerselvam
For Respondents 3,4 and 6 ... Mr.R.Janakiramulu
Special Government Pleader
For Respondent No.5 ... Mr.K.P.Krishnadoss
*******
:ORDER
******
Heard Mr.A.E.Chellaiah, learned Senior Counsel appearing for the
petitioner, Mr.V.Panneerselvam, learned counsel appearing for respondents 1 and
2, Mr.R.Janakiramulu, learned Special Government Pleader appearing for
respondents 3,4 and 6 and Mr.K.P.Krishnadoss, learned counsel appearing for the
fifth respondent.
2. The petitioner has come forward to challenge the order dated
03.05.2006 passed by the fourth respondent, Commissioner for Municipal
Administration and after setting aside the same, he seeks for grant of
pensionary benefits including gratuity and commutation of pension from the date
of retirement.
3. In the Writ Petition, notice of motion was ordered on 17.12.2007.
On notice from this Court, respondents 4 and 5 filed counter-affidavit dated
13.09.2010.
4. The case of the petitioner was that he joined the fifth
respondent Kolachal Municipality as an Electrician on 13.07.1977. Subsequently,
on getting appointed to the Tamil Nadu Electricity Board, he resigned the post
and relieved from the Municipality on 20.12.1982. After working in the
Electricity Board from 21.12.1982, he got retired from service on 31.10.2006.
While in service in the Board as well as after retirement, the petitioner was
sending representations stating that his earlier service in the fifth
respondent Municipality shall be tagged along with the service rendered in the
Electricity Board for the purpose of commutation of pension and as there was no
favourable response, he has come forward to challenge the impugned order dated
03.05.2006. By that order, the petitioner was informed that since on his own
accord, he had resigned the post and relieved from the Municipality service and
joined the service in the Board, there is no provision in the rules for adding
that service to the present employment. It is only in cases where a person who
is sent on limitation on foreign service terms and subsequently, got absorbed in
the revenue service, his services can only be considered for that purpose and
also a reference was made to a judgment of this Court rendered in identical
circumstances in W.P.No.2113 of 2007, dated 16.06.2010. In that case, this Court
has observed as follows:-
“8………………………………………………………………
………………………………………….. Therefore, the petitioner is
not entitled to get the benefit of G.O.Ms.No.284, Finance (Pension) Department,
dated 21.03.1990 as the above said G.O. does not give the benefit of counting
the service from one local body to another local body as it clearly mentions
that a person who renders service in a local body and subsequently has taken up
a job in the stage services alone is entitled to get the benefit of counting his
earlier service in the subsequent Department. On that basis, the petitioner
having resigned the job of his own volition for the purpose of taking up a
better job with higher emoluments cannot ask the respondents to count his past
services in absence of any specific provision.”
5. Though Mr.A.E.Chellaiah, learned Senior Counsel referred to
certain orders of the Government granting the benefit of such continuous
service, this Court cannot accept the said power and the power to condone any
break exclusively vests with the Government and such an exemption cannot be
availed on a direction of this Court. The Court cannot direct the Government to
exercise its power in a particular fashion. The circumstances under which those
orders came to be issued are also not available before this Court. It must also
be noted under the Tamil Nadu Pension Rules, 1978, resignation from service
automatically forfeits past service and makes a Government servant ineligible to
get pension for that period.
6. In view of the above said circumstances, this Court is not
inclined to entertain the Writ Petition. Accordingly, the Writ Petition stands
dismissed. Consequently, the connected miscellaneous petition is closed.
However, there will be no order as to costs.
SML
To
1.The Secretary,
Thamizh Naadu Electricity Board,
Nadippisai Pulavar K.R.Ramasamy Maaligai,
Annasalai, Chennai-600 002.
2.The Superintendent Engineer,
Purchase and Administration,
Tuticorin Thermal Power Station,
Thamizh Naadu Electricity Board,
Tuticorin-628 004.
3.The Secretary to Government,
Municipal Administration,
Fort St. George,
Chennai-600 009.
4.The Commissioner,
Municipal Administration,
Chepauk, Chennai-600 005.
5.The Commissioner,
Colachel Municipality,
Colachel-629 251.
6.The Director,
Local Fund Audit Department,
Kurazhagam,
Chennai-600 108.