Madras High Court
K.Sivagami vs The Secretary To Government on 2 August, 2022
Author: R. Suresh Kumar
Bench: R.Suresh Kumar
W.P.No.27592 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.No.27592 of 2018
and
W.M.P.No.32128 of 2018
K.Sivagami ...Petitioner
Vs.
1.The Secretary to Government,
Social Welfare & NMP Department,
Fort St. George, Chennai - 9.
2.The Director of Social Welfare,
Chindathripet, Chennai - 2.
3.The District Social Welfare Officer,
Vellore District.
4.The Principal Accountant General (A&E),
Tamil Nadu Circle,
361, Anna Salai, Teynampet,
Chennai - 18. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus, directing the second respondent herein to
consider the petitioner's representation dated 26.10.2015 and pass orders
for the release of the retirement benefits to enable the fourth respondent
to release the benefits with interest as per Rule 45-A of the Tamil Nadu
Pension Rules.
https://www.mhc.tn.gov.in/judis
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W.P.No.27592 of 2018
For Petitioner : Mr.R.S.Anandam
For R1 to R3 : Mr.T.Sampath Kumar,
Government Advocate
For R4 : Ms.J.Sreevidhya, Standing Counsel
ORDER
The prayer sought for is for a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 26.10.2015 and pass orders for the release of retirement benefits to enable the fourth respondent to release the benefits with interest, as per Rule 45-A of the Tamil Nadu Pension Rules.
2. The petitioner was working as Noon Meal Organizer since 1975. Thereafter, she claimed that she was holding SSLC qualification and became eligible for holding the post of Community Nutrition Supervisor. Accordingly, she had been given promotion as Community Nutrition Supervisor with effect from 07.07.1993. In that capacity, when she was working till 2007, there was a disciplinary proceedings against her stating that, though she had not passed out the SSLC, she had wrongly claimed as if she passed SSLC on 07.07.1993, whereas she had passed only on 30.10.2003. Therefore, on 07.07.1993, the petitioner was not https://www.mhc.tn.gov.in/judis 2/10 W.P.No.27592 of 2018 eligible to hold the post of Community Nutrition Supervisor, for which the educational qualification was SSLC passed.
3. Therefore, an order was passed on 08.05.2007 by way of punishment by the respondent against the petitioner. The salient features of the punishment reads thus:-
",th; gpwe;j njjp 6/6/1957/ ,tUf;F Rkhh; 50 Mz;Lfs; tajhfpwJ/ ,e;epiyapy; ,tUf;F Fw;wj;jpw;nfw;w fLk; jz;lid tH';fpdhy; ,th; FLk;gk; ghjpf;fg;gLk; vd;w ,tuJ Tw;W ftdj;jpw;FhpaJ/ vdnt fUiz nehf;Fld; fPH;fz;lthW jz;lid tH';fg;gLfpwJ/ 1/ ,th; 07/07/1993y; bgw;w nkw;ghh;itahsh; epiy 2 gjtp cah;t[ uj;J bra;ag;gLfpwJ/ 2/ ,g;gjtp cah;t[ K:yk; ,tUf;F 07/07/1993ypUe;J fpilj;j epjpg;gad; midj;ija[k; Kiwahff; fzf;fpl;L ,thplk; ,Ue;J gpoj;jk; bra;ag;gl ntz;Lk;/ 3/ ,th; 07/07/1993ypUe;J v!;/v!;/vy;/rp/ njh;tpy; midj;J ghl';fspYk; njh;t[ bgw;w 30/10/2003 tiu ,th; FHe;ij ey mikg;ghsuhfj; bjhlh;e;J gzpahw;wpatuhff; fUjg;gLthh;/ ,f;fhy ,ilbtspapy; Kiwahff; fpilf;f ntz;oa gzg;gyd;fs; kl;Lnk ,tUf;F jFjpahditahFk;/ 4/ jw;fhypf gzp ePf;fj;jpypUe;J kPs gzpakh;j;jg;gl;L 30/10/2003 md;W ,tiu nkw;ghh;itahsh; epiy 2f;F gjtp cah;t[ bra;J Mizaplg;gLfpwJ/ 30/10/2003y; nkw;ghh;itahsuhfg; gjtp cah;t[ tH';Fk; nghJ mtUila interse - seniority I mnj https://www.mhc.tn.gov.in/judis epiyapy; cs;s gzpahsh;fspd; KJepiy thpirg;gl;oaypy; jFe;j 3/10 W.P.No.27592 of 2018 ,lj;jpy; ,tuJ bgaiu ,lk; bgwr; bra;a ntz;Lk;/ 5/ mog;gil fy;tpj; jFjp ,y;yhJ ,th; vGjp njh;t[ bgw;wjhf Twg;gLk; vk;/V/ rK:ftpay; gl;lj;ij cld; uj;J bra;a[k;go mz;zhkiy gy;fiy fHfg; gjpthsUf;F Mjhu Mtz';fSld; vGj gzpf;fg;gLfpwJ/ gy;fiyf; fHf tpjpKiwfSf;F Vw;g nky; eltof;if vLf;f KobtLj;J mt;thnw Mizaplg;gLfpwJ/ ,t;thizfs; ,tuJ Xa;t[{jpag; gad;fisg; ghjpf;Fk; vd;gij mwpe;nj ,J btspaplg;gLfpwJ/"
4. Pursuant to which, the period between 07.07.1993 and 30.10.2003 was treated as if the petitioner had worked as Child Welfare Organizer. Thereafter, from 30.10.2003 till her superannuation on 30.06.2015, she was promoted and posted as Community Nutrition Supervisor and in that capacity, she retired from service on superannuation on 30.06.2015.
5. After retirement, when the petitioner had asked for the retiral benefits, that was not given. Therefore, she made a request in this regard to the respondents on 26.10.2015, which was since not considered by the respondents, the petitioner has approached this Court by filing the present Writ Petition with the aforesaid prayer. https://www.mhc.tn.gov.in/judis 4/10 W.P.No.27592 of 2018
6. Heard Mr.R.S.Anandan, learned counsel for the petitioner, who would submit that assuming that the petitioner had been put in the reverted post of Child Welfare Organizer between 07.07.1993 and 30.10.2003, calculating the pay payable to the petitioner for the said period as well as the other period where the petitioner had been working as Community Nutrition Supervisor till her superannuation, the pay and other benefits payable to the petitioner should be calculated in accordance with the retiral benefits, which they have not done. Therefore, the petitioner had approached this Court, after having taken a vague attempt by making a representation on 26.10.2015. Hence, the learned counsel for the petitioner seeks indulgence of this Court to issue a direction.
7. Heard T.Sampath Kumar, learned Government Advocate appearing on behalf of the respondents 1 to 3, who would submit that as against the order of punishment, i.e. the reversion-cum-recovery order dated 08.05.2007, the petitioner had filed a Writ Petition in W.P.(MD) No.11858 of 2011 and the said Writ Petition is still pending, where an interim order of recovery alone was passed. So far as the reversion made https://www.mhc.tn.gov.in/judis 5/10 W.P.No.27592 of 2018 to the petitioner to the post of Child Welfare Organizer by the order dated 08.05.2007, it still holds good and therefore, unless and until a decision is taken in the aforesaid Writ Petition, which is admittedly pending before this Court, the retiral benefits sought for by the petitioner cannot be calculated and be paid. Hence, the direction sought for herein cannot be granted, he contended.
8. I have considered the rival submissions made by the learned counsel on either side and perused the materials placed before this Court.
9. On a perusal of the order dated 08.05.2007, the first clause of the order states that the 07.07.1993 promotion order to the petitioner to the post of Community Nutrition Supervisor was cancelled. Pursuant to which, the pay difference paid to the petitioner for the said period was directed to be recovered. In respect of this aspect, in W.P.(MD) No.11858 of 2011, only recovery was stayed and insofar as the reversion and cancellation of the post is concerned, that has not been stayed, but anyhow, the issue is still pending before this Court in the said Writ Petition.
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10. However, under Clause 3 of the punishment order, it has been stated that the petitioner's service between 07.07.1993 and 30.10.2003 shall be treated as service in the post of Child Welfare Organizer, which is a reverted post.
11. Thereafter, under Clause 4, it was stated that the petitioner's promotion to the post of Community Nutrition Supervisor will be recognized from 30.10.2003 till her superannuation. Therefore, this Court feels that by calculating the pensionable benefits based on the pay structure for the petitioner in the post of Child Welfare Organizer for 10 years i.e. from 07.07.1993 till 30.10.2003 and thereafter in the post of Community Nutrition Supervisor till her superannuation, the retirement and the pensionary benefits can be paid to the petitioner.
12. If ultimately any order comes in favour of the petitioner, as against the order of reversion and punishment dated 08.05.2007, further benefits can be calculated and paid to the petitioner and that would be depending upon the decision to be made by this Court in the aforesaid Writ Petition. As of now, assuming that W.P.No.11858 of 2011 is to be dismissed, even then the petitioner would be entitled to get the retirement https://www.mhc.tn.gov.in/judis 7/10 W.P.No.27592 of 2018 benefits, based on Clause 2 and 3 of the punishment order dated 08.05.2007.
13. In that view of the matter, this Court feels that the following orders can be passed in the Writ Petition:
(1) There shall be a direction to the respondents to calculate the pay benefits payable to the petitioner in the post of Child Welfare Organizer from 07.07.1993 till 30.10.2003 and thereafter, from 30.10.2003 till the date of superannuation i.e. 30.06.2015 in the post of Community Nutrition Supervisor and based on such calculation, the pensionable benefits shall be calculated and be paid including arrears to the petitioner.
(2) Such order to be passed and the payment to be made as indicated above certainly shall be subject to the outcome of the decision to be made by this Court in W.P.(MD) No.11858 of 2011.
(3) The needful, as indicated above, shall be undertaken by the respondents within a period of 8 weeks from the date of receipt of a copy of this order.
(4) It is needless to mention that insofar as the services rendered by the petitioner as Noon Meal Organizer between 1975 and 1993 is https://www.mhc.tn.gov.in/judis 8/10 W.P.No.27592 of 2018 concerned, what is the portion of such service as pensionable service, as per the extant rule/Government orders shall also be taken into account by the respondent before passing the order, as indicate above.
14. With these directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
02.08.2022 Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order hvk To
1.The Secretary to Government, Social Welfare & NMP Department, Fort St. George, Chennai - 9.
2.The Director of Social Welfare, Chindathripet, Chennai - 2.
3.The District Social Welfare Officer, Vellore District.
4.The Principal Accountant General (A&E), Tamil Nadu Circle, 361, Anna Salai, Teynampet, Chennai - 18.
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