Shanthibai Kent v. The Government of Tamil Nadu & Others
2004-12-23
A.K.RAJAN
body2004
DigiLaw.ai
Judgment :- The petitioner has filed the above writ petition to issue a Writ of Certiorarified Mandamus to call for the proceedings in Na. Ka. Thu. Na. Ka. No.C7/11137/98 dated 15.5.2000 before the Deputy Commissioner of Corporation of Madras, Educational Department, quash the same and issue a consequential direction to direct the second and third respondents to pay full pension taking into consideration the service of the petitioner rendered in the Corporation of Madras for the period from 1.6.1966 to 30.6.1981. 2. The petitioner joined as B.T. Assistant in Corporation School, Madras on 1.10.1966 to 31.7.1978 and thereafter as P.G. Assistant from 1.8.1978 to 30.6.1981. Since a vacancy arose in the post of Assistant Professor in History in St. Christopher Training College, Vepery, Chennai, the petitioner has submitted an application through proper channel and she was relieved from the service of Corporation of Madras on 30.6.1981 and thereafter joined duty on 1.7.1981 and she ultimately retired on superannuation on 30.5.1998. After retirement, the Joint Director of College Education sanctioned her pension only for the period from 1.7.1981 to 30.5.1998, for which period the petitioner rendered her service in St. Christopher Training College, Chennai. Hence, the petitioner has made several representations to include the services rendered in the Corporation School. But the Deputy Commissioner (Education), Corporation of Chennai has passed an order on 15.5.2000 rejecting the request of the petitioner, to include her service rendered in the Corporation School from 1.10.1966 to 30.6.1981. Aggrieved by the impugned order, the petitioner has filed this writ petition. 3. The question that arises for consideration is whether the petitioner is eligible to get pension for the services rendered by her in the Corporation School from 1.10.1966 to 30.6.1981. 4. As per G.O.No.284 Finance(Pension) Department, dated 21.3.1990, the Government has passed the following order : "3. The Government have examined the question of extending the above orders in respect of local body employees who take up appointment under State Government and vice versa and decided to extend it.
4. As per G.O.No.284 Finance(Pension) Department, dated 21.3.1990, the Government has passed the following order : "3. The Government have examined the question of extending the above orders in respect of local body employees who take up appointment under State Government and vice versa and decided to extend it. They accordingly directed that in respect of the following categories of local body employees, the services rendered by them under local bodies and State Government shall be counted for pension to the extent such service would have been qualified for pension under the respective body - (i)those who have been retrenched from the service by the State Government secure on their own employment under local bodies either with or without interruption between the date of retrenchment and date of now appointment and (ii)those who while holding temporary posts under State Government apply for the posts under local bodies through proper channel with proper permission of the administrative authority concerned. 4. Where an employee in category (ii) is required for administrative reasons for satisfying a technical requirement to tender resignation from the temporary post held by him before joining the new appointment a certificate to the effect that such resignation has been tendered for administrative reasons and or to satisfy a technical requirement to join with proper permission the new posts may be issued by the authority accepting the resignation. A record of this certificatory may also be made in his service book under proper attestation to enable him to get this benefit at the time of retirement. 5. The Government also direct that liability for pension including gratuity shall be borne in full by the State local body to which the employee permanently belongs at the time of retirement and no recovery of proportionate pension shall be made from the local body State Government under whom he had served." As per the above said Government Order, the service rendered in the Corporation shall be taken into account for the purpose of calculation of pension. In view of the above Government Order, no amount can be directed to be deposited by the local authority. At the same time, the employees are entitled to get the pension for the services rendered by them in the Corporation School, which is the local authority.
In view of the above Government Order, no amount can be directed to be deposited by the local authority. At the same time, the employees are entitled to get the pension for the services rendered by them in the Corporation School, which is the local authority. In such circumstances, the petitioner is entitled to get the pension for the service rendered by her in the Corporation School from 1.10.1966 to 30.6.1981. 6. The second respondent has filed a counter affidavit stating that as per the letter dated 28.1.2000 sent to the third respondent, the pension liability of Rs.4,80,960/- would be payable by the Corporation to the Government. Thus as per Rule 85 of Tamil Nadu Pension Rules, the petitioner is entitled for pension for the period during which she worked in the Corporation School. It is for the Corporation to contribute for the petitioner's pensionary claims. But in view of the Government Order which has exempted the local authority from making contributions, it is for the Government to fulfill the pensionary liabilities on behalf of the local authority. 7. In the above circumstances, the petitioner is entitled to include the period of service rendered by her in the Corporation School, i.e. the period from 1.10.1966 to 30.6.1981, for the purpose of calculating pension. The writ petition is allowed as prayed for. No costs. 8. The respondents are directed to raise the pension and arrears of such pension shall be paid to the petitioner within a period of two months on or before 28.2.2005.