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2013 DIGILAW 4130 (MAD)

K. M. Sambasivan v. Director, Rural Development

2013-12-09

T.RAJA

body2013
Judgment 1. The petitioner seeks for issuance of a writ of certiorarified mandamus to quash the proceedings passed by second respondent / the Director, Local Fund Audit, Chenani, in M.M.No.14512/Vu.O.O.Sa(4)/2011, dated 13.05.2011, and of the third respondent / the Block Development Officer, Panchayat Union, Ariyalur Distirc, in Na.Ka.A1/3494/10, dated 21.09.2011, as illegal, by calling for the records connected thereto and consequently, to direct the respondents to sanction and disburse the Special Pay and Rural Allowance as per G.O.Ms.No.499, Finance (pay cell) department, dated 15.09.1998 and G.O.Ms.No.164, Rural Development and Panchayat Department, dated 24.09.2007 and to disburse 50% of the petitioner's pay for the non-provisionary period between 08.07.1978 and 30.09.1984 as per G.O.Ms.No.408, Finance Department, dated 25.08.2009. 2. It is the case of the petitioner that he possessed the educational qualification of RIMP MD (Acupuncture), P.G. Diabetic Education and Holistic Foundation and after possessing such qualifications, he was posted as a Full-time Rural Medical Officer on 08.07.1987. He retired from service on 28.02.1998 on attaining the age of superannuation. Whileso, it is the grievance of the petitioner that based on G.O.Ms.No.408, Finance (Pension) Department, dated 25.08.2009, for computing pensionary benefits, 50% of the service rendered in the non-provisionary period between 08.07.1978 and 30.09.1984 shall be taken into account along with regular service. 2 (a). Heard the parties on both sides. 3. In a similar and identical circumstances, several Rural Medical Officers filed a batch of cases before the Tamil Nadu Administrative Tribunal, Madras, in O.A.Nos.2007 to 2017, 3719 and 5116 to 5118 of 1997, wherein the Tribunal, in its order dated 08.08.2007, held that the time scale of pay fixed for B2 Medical Officers will apply to the Rural Medical Officers and that the benefit of time scale of pay was directed to be given with effect from 01.10.1984 at Rs.780-1385/- and from 01.06.1988 at the scale of Rs.1820-3200. 4. A similar issue was also considered by this Court in W.P.Nos.53 to 56 of 2011, dated 12.11.2011, wherein it was held that the Rural Medical practitioners are to be treated as employees on regular service working in the rural dispensaries with effect from 01.10.1984 in terms of the order of the First Bench of this Court in W.A.No.922 of 1995 etc., dated 01.02.1996, with all monetary and service benefits. 5. 5. Even the respondents at paragraph 9 of their counter affidavit have admitted that the benefits given under G.O.Ms.No.408, dated 25.08.2009 for counting of 50% service rendered by the petitioner prior to 01.10.1984 cannot be disputed. But, at the same time, it is stated that the said benefit conferred under the above said G.O. is applicable only to the regular service. At this juncture, it is pertinent to note that the petitioner was also appointed as Rural Medical Officer on 08.07.1978 on full time basis. 6. In this context of the case, it is relevant to refer to the order passed by this Court in W.P.Nos.53 to 56 of 2011, dated 12.11.2011, wherein it is held thus at paragraphs 6 and 7: "6. When a party gets a right under a judgment, the said accrued right cannot be denied based upon an artificial classification. There is absolutely no basis for treating the petitioners differently than that of the other employees inspite of the ratio laid down by the Hon'ble Division Bench of this Court on the earlier occasions. When the petitioners have been given all other benefits treating them on par with the regular employees, for the purpose of computing the pension alone, they cannot be treated differently, even after the judgment of the Hon'ble Division Bench of this Court, directing the Government to give them the benefits on par with the other employees. It is also to be seen that the Government Orders gives the benefit to the erstwhile consolidated and daily rated employees who are not in a better position than the petitioners. 7. In other words, this Court on the earlier occasions found that such a classification cannot be sustained in the eye of law. The denial of computation of pension to the petitioners in accordance with the Government Order passed in G.O.Ms.No.408, Finance (Pension) Department, dated 25.08.2009, is nothing but an attempt to interfere with the orders passed by this Court. What has to be seen is the ratio laid down by the Court of law and on a mere technical ground the petitioners cannot be non-suited. What has to be seen is the ratio laid down by the Court of law and on a mere technical ground the petitioners cannot be non-suited. The very object of the Government Order in G.O.Ms.No.408, Finance (Pension) Department, dated 25.08.2009, is to give benefits to the employees, who were working earlier on consolidated as well as daily rated wages Therefore, the petitioners without any basis cannot be denied the said benefits as such a benefit will have to be extended to the petitioners as well." 7. In the light of the above observations, this Court is of the view that the orders impugned will have to be set aside and accordingly, they are set aside and consequently, the respondents are directed to calculate the revised pension and arrears of pension in accordance with G.O.Ms.No.408, Finance (Pension) Department, dated 25.08.2009, to the petitioner, by taking into account his non-provisionary service period between 08.07.1978 and 30.09.1984. Needless to mention that the petitioner is also entitled to receive the Special Pay and Rural Allowances as per G.O.Ms.No.499, Finance (pay cell) department, dated 15.09.1998, as quantified in G.O.Ms.No.164, Rural Development and Panchayat Department, dated 24.09.2007. The respondents are directed to complete the said exercise within a period of ten weeks from the date of receipt of a copy of this order. The writ petition is allowed in the above terms. No Costs.