IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07/04/2006
CORAM
THE HON'BLE MR. JUSTICE N. PAUL VASANTHAKUMAR
W.P.No. 27963 of 2005 (T)
A.Thiruvenkadasami ..Petitioner
-Vs-
1.The Collector of South Arcot District,
Cuddalore.
2.The Examiner of L.F.Accounts,
Madras-2.
3.The Executive Officer,
Thirukoilur Town Panchayat. .. Respondents
Prayer: Writ Petition came to be numbered by way of transfer of O.A.
No.4197/93 from the file of Tamil Nadu Administrative Tribunal to direct the
respondents to modify the order issued in Ni.Mu.No.O.15/12272/93 dated
19.04.1993 of the second respondent allowing him the full pensionary benefits
due to him taking into consideration of services for 38 years from 16.11.1954
to 31.08.1992 with interest at 18% per annum from the date of retirement and
consequential benefits of gratuity, commutation of pension etc.
!For Petitioner .. Mr. S.L.Sudarsanam
^For Respondents .. Mr.R.Lakshminarayan
Govt. Advocate, for RR 1&2
.. Mr.K.Venkataramani for R3
:ORDER
The prayer in the writ petition is to modify the order dated
19.04.1993 issued by the second respondent allowing him the full pensionary
benefits due to him taking into account, the service for 38 years from
16.11.1954 to 31.08.1992 with the interest at 18% per annum from the date of
retirement with benefits of gratuity, commutation of pension, etc.
2. Learned counsel for the petitioner during the time of`
arguments fairly submitted that he is not pressing for the interest of 0the
payment. The facts necessary for the disposal of this petition is that the
petitioner was appointed as Sanitary Maistry (Sanitary Supervisor) on
19.11.1954 in Tirukoilur Town Panchayat. The petitioner service was confirmed
on 27.11.1956. During the year 1959, Thirukoilur Town Panchayat was
bifurcated as Tirukoilur Town Panchayat and Arakandanallur Village Panchayat.
The petitioner was transferred to Arakandanallur Village Panchayat by the
Executive Officer, Tirukoilur Panchayat with effect from 01.03.1959 as he was
the experienced Sanitary Maistry. No willingness was obtained from the
petitioner for transfer to the Arakandanallur Village Panchayat. The said
Arakandanallur Village Panchayat itself became Town Panchayat in October 1977
and the petitioner continued as Sanitary Maistry of the said village panchayat
till 24.11.1991. The petitioner was transferred to Thirukovilur Town
Panchayat on 25.11.1991 and retired on super-annuation on 31.08.1992 after the
continuous service of about 38 years.
3.The grievances of the petitioner is that while sanctioning
the retirement pensionary benefits, the service rendered by the petitioner in
Arakandanallur Village Panchayat from 01.03.1959 to 30.09.1977 was not
considered, since the services of the petitioner in the Village Panchayat is
not entitled to be considered for pension and the services rendered in Town
Panchayat alone was taken into consideration. In the order dated 19.04.1993,
the second respondent had taken into account the Town Panchayat service alone
and deducted other retirement benefits. Hence, the petitioner filed above
above O.A.
4. The respondents filed counter affidavit and in paragraph
No.4 it is stated that as per Tamilnadu Panchayat Union and Panchayat Services
Pension Rules 1976, service of Town Panchayats and Town Committees are
eligible for pension and the petitioner having served in the Arakandanallur
Village Panchayat from 01.03.1959 to 30.09.1977, the said service cannot be
counted for pension and other purpose, as the petitioner’s service is not in
pensionable establishment during the said period.
5. According to the petitioner, the deductions are also made from the
salary of the petitioner towards the contribution of pension while he was
serving in the Village Panchayat and therefore the respondents are bound to
take into consideration, the above period of service in the Village Panchayat
and also for the purpose of pension and other retirement benefits.
6. Learned counsel for the petitioner argued that the action of the
second respondent, in not counting service rendered in the Village Panchayat,
is unsustainable. In view of the bifurcation of original Town Panchayat, the
petitioner was forced to go to Village Panchayat and no option was also
obtained by the respondent from the petitioner and the petitioner having paid
the contribution towards the pension fund even during the service in Village
Panchayat, he is entitled to get pension and other benefits by counting his
service in Village Panchayat also. Learned Government Advocate a rgued that
since the petitioner served in the Village Panchayat, his non-pensionable
service was not counted by the respondents for retirement benefits and for
fixing pension.
7. I have considered submissions made by the learned counsel for the
petitioner as well as the counsel for the respondents. As rightly contended
by the learned counsel for the petitioner, since the appointment of the
petitioner was in the Thirukoilur Town Panchayat which is a pensionable
establishment and due to bifurcation of Town Panchayat into Thirukoilur Town
Panchayat and Arakandanallur Village Panchayat on 01.03.1959, the petitioner
was compe lled to go to the Village Panchayat and he served in the said
Village Panchayat from 01.03.1959 to 30.09.1977. While working there also the
petitioner contributed towards the pension fund. The petitioner having been
forced to serve in the Village Panchayat without any option from the
petitioner, the respondents are not entitled to deny the said service from
01.03.1959 to 30.09.1977 for the purpose of calculation of pension and other
terminal benefits. The petitioner also produced certain receipts for the
payment of pension and contribution while he was serving in the Village
Panchayat since the respondents sent the petitioner to the Village Panchayat
on bifurcation without the petitioner’s option, the petitioner is entitled to
count the said service also for the purpose of pension and other benefits. In
fact, the Executive Officer of Thirukoilur Town Panchayat, in his Letter
No.A5/1759/95 dated 03.11.1995, stated that the petitioner’s request is well
founded and the orders shall be passed by the second respondent to that
effect.
8. Taking note of the above facts and circumstances of this case, I
am of the considered view that the petitioner is entitled to get the said
service in the Village Panchayat also to count for the purpose of pension and
other terminal benefits. The second respondent is therefore directed to count
the service of the petitioner form 01.03.195 9 to 30.09.1977 as pensionable
service and pass revised orders as recommended by the Executive Officer in his
letter dated 03.11.1995 and sanction retirement benefits including the
revision of pension from 01.09.1992. The arrears pursuant to the revision of
pension and other benefits payable shall be calculated and shall be paid to
the petitioner within six weeks from the date of receipt of a copy of this
order. No costs.
To
1.The Collector of South Arcot District,
Cuddalore.
2.The Examiner of L.F.Accounts,
Madras-2.
3.The Executive Officer,
Thirukoilur Town Panchayat.