IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17/03/2004 CORAM THE HONOURABLE MR.JUSTICE P.D.DINAKARAN W.P.No.18098 of 2001, and W.P.Nos. 3415, 10561, 13007, 16912 of 2003 W.P.No.18098 of 2001 Thoothukudi District Electricity Board Pensioners' Association (Regn.No.51/98) rep. by its General Secretary R.Subramanian (Pottu) No.105-A, East Ranganathapuram Street Thoothukudi-628 002. .. Petitioner -Vs- 1. The Government of Tamilnadu rep. by its Secretary Energy Department Fort St. George Chennai-9. 2. The Chairman Tamilnadu Electricity Board Chennai-2. .. Respondents and batch cases. PRAYER: Petitions under Article 226 of the Constitution of India for issue of a writ of Mandamus as stated therein. For Petitioners : Mr.A.L.Namasivayam in WP:18098/2001 3415,10561,13007 of 2003 For Petitioners : Mr.Peppin Fernando in WP:16912/2003 For 1st respondent : Mr.M.S.Palanisamy in all W.Ps. Addl. Government Pleader For 2nd respondent : Mr.V.Radhakrishnan in all W.Ps. :ORDER
The petitioners in these writ petitions are former employees of the
second respondent/Board, whose pensionary benefits are governed under the
provisions of the Tamilnadu Electricity Board Liberalised Pension Regulations,
1960 (for brevity “the Regulations”).
2. Regulation 9 of the said Regulations, as amended by the second
respondent/Board’s proceedings dated 17.2.1995 reads as follows:
“9. Saving:
i) No provision in the Tamilnadu Pension Rules and Tamilnadu Pension Rules,
1978, shall, so far as it is inconsistent within any of the provisions of
these regulations have any effect.
ii) Save as otherwise provided in these regulations, the provisions in these
regulations, shall be in addition to and not in derogation of the provisions
in the Tamilnadu Pension Rules and Tamilnadu Pension Rules, 1978, as amended
from time to time by the Government of Tamilnadu.”
3. The Government, by G.O.Ms.No.272, Finance (Pension) Department,
dated 15.6.1998 treated the dearness allowance as pay for the purpose of
pensionary benefits, of course by giving effect to the orders of the Tamilnadu
Administrative Tribunal dated 6.5.1996 made in O.A.Nos.2 227 and 4953 of 1992.
The relevant portion of the said Government Order dated 15.6.1998 reads as
follows:
“4. The Government have therefore decided to implement the orders
passed by the Tribunal in O.A.Nos.2227/1992 and 4953/1992. Accordingly, they
direct that the Dearness Allowance/Additional Dearness Allowance sanctioned
from time to time and actually drawn shall be treated as dearness pay for
calculation of pensionary benefits, in respect of those who retired/died
during the period between 1.4.1979 to 30.9.198 7. The Government also direct
that in the case of those retired during the period between 1.10.1987 to
30.6.1988 the Dearness Allowance and Additional Dearness Allowance sanctioned
from time to time upto 30 .9.1987 and actually drawn shall be allowed as
Dearness Pay for the entire 10 months preceding retirement for computing
average emoluments for the calculation of pensionary benefits.
5. Each pensioner shall apply for recomputation of their original
pension at the time of retirement in prescribed form (Annexure) to the
Accountant General through the pension disbursing authority. In respect of
pensioners who are getting payment outside the State, such pensioners have to
send the application to the Accountant General ( Accounts & Entitlements)
Chennai through the Treasury Officer/Accountant General concerned for
revision. In the case of pensioners who are getting payment through Public
Sector Banks, they have to send the application to the Accountant General
through the Link Branch/Treasury Officer.
6. The recomputation of pension in terms of these order shall be made
as detailed below:
Details of Revision
Authority by whom the pension is to be revised
1.Revision of Original Pension at the time of retirement with reference to
this order.
Accountant General
2.Revised Pension from 1.10.1979 with reference to G.O.Ms.No.397, Finance
(Pension), dated 14.6.1984
a) If opted for ready reckoner previously. The Treasury Officer/ Sub-Treasury
Officer, Pension Pay Officer, Chennai.
b) If opted for actual calculation Accountant General (Accounts &
Entitlements), Chennai.
3.Revised pension from 1.10.1979 with reference to G.O.Ms.No.742, Finance
(Pension), dated 25.10.1988
The Treasury Officer/ Sub-Treasury Officer/Pension Pay Officer, Chennai
4.Revised pension from 1.10.1984 with reference to G.O.Ms.No.562, Finance (Pay
Commission), dated 1.10.1984
The Treasury Officer/ Sub-Treasury Officer/Pension Pay Officer, Chennai
5.Revised pension from 1.6.1988 with reference to G.O.Ms.No.810, Finance (Pay
Commission), dated 9.8.1989
The Treasury Officer/ Sub-Treasury Officer/Pension Pay Officer, Chennai
6.Revised pension from 1.1.1996 with reference to G.O.Ms.No.174, Finance,
dated 21.4.1998
– do – ”
4. By a settlement dated 8.7.1998, entered under Section 18(1) of the
Industrial Disputes Act, 1947 between the second respondent/Board and its
workmen, the second respondent/Board agreed that the revised pension scheme of
the Government of Tamilnadu and any amendments thereon from time to time would
apply to the pensioners of the second respondent/Board, as per Clause 15(iii)
of the said settlement dated 8.7.1998.
5. Alleging that the second respondent/Board, in spite of the said
settlement dated 8.7.1998 entered under Section 18(1) of the Industrial
Disputes Act, 1947, did not give effect to the amendments made by the
Government of Tamilnadu vide G.O.Ms.No.272, Finance (Pension) Department,
dated 15.6.1998, the petitioners approached this Court seeking a direction to
the respondents to revise the pension to the petitioners by implementing
G.O.Ms.No.272, Finance (Pension) Department, dated 15.6.1998.
6. After hearing Mr.A.L.Namasivayam and Mr.Peppin Fernando, learned
counsel for the petitioners and Mr.V.Radhakrishnan, learned counsel for the
second respondent/Board, I am of the firm opinion that in view of Clause
15(iii) of the settlement dated 8.7.1998, the benefits conferred under
G.O.Ms.No.272, Finance (Pension) Department, dated 15.6 .1998 have to be read
into the pensionary benefits conferred under the provisions of the
Regulations, and consequently, the petitioners are entitled for the benefit of
G.O.Ms.No.272, Finance (Pension) Department, dated 15.6.1998, as certain
additional benefits are provided to the pensioners in the said Government
order and the said benefits are not inconsistent to any of the provisions of
the Regulations.
7. That apart, pension being a social welfare measure rendering
socio-economic justice to those who in the heyday of their life ceaselessly
toiled for the employer on an assurance that in their old age they would not
be left in the lurch, the employer, viz., respondent/ Board is expected to
take a liberalised approach in giving effect to the said G.O.Ms.No. 272,
Finance (Pension) Department, dated 15.6.1998 providing additional benefits to
the pensioners.
8. Under such circumstances, suffice it to direct the second
respondent/Board to give effect to the G.O.Ms.No.272, Finance (Pension)
Department, dated 15.6.1998 by passing necessary proceedings within thirty
days from the date of receipt of copy of this order, and the arrears of the
benefits payable to the petitioners shall be settled in two quarterly
installments.
These writ petitions are ordered accordingly. No costs.
Index : Yes Internet : Yes sasi To: 1. The Government of Tamilnadu rep. by its Secretary Energy Department Fort St. George Chennai-9. 2. The Chairman Tamilnadu Electricity Board Chennai-2.