The petitioner has stated that he was initially appointed as a part time clerk for the six village panchayats, in Ottapidaram Panchayat Union, on 20.4.1984, on temporary basis. Thereafter, he was appointed as a Panchayat Assistant, on 1.1.1991, and on 29.1.1999, he was appointed as a Junior Assistant. Later, he was promoted as an Assistant, on 1.7.2003, and he had retired from service, on 30.4.2007, on attaining the age of superannuation.
2. The petitioner had further stated that after his retirement from service, he had submitted a representation, dated 16.3.2006, to the first respondent to count the service rendered by him as a Panchayat Assistant, while sanctioning the pension and other retiral benefits. Even though the third respondent had sent a proposal to the second respondent, by way of a letter, dated 22.9.2006, for calculating the period of his service rendered by the petitioner as an Assistant in the village Panchayat, for the sanctioning of the pension, the second respondent by a letter, dated 23.10.2006, had stated that as per the clarification issued in the Government Letter No.10793/Pension/2000-1, Finance Department, dated 4.10.2000, the service rendered in the village panchayat cannot be counted as qualifying service for the sanctioning of the pension. As such, the proposal sent by the third respondent, with regard to the pension of the petitioner, had been returned and the same was informed to the petitioner by the Block Development Officer, vide letter, dated 28.11.2006. The petitioner had sent a further representation to the respondents to consider his claim. However, the respondents had rejected the claim of the petitioner, based on the clarification issued by the Government letter, dated 4.10.2000, stating that the service rendered under the village panchyat cannot be counted as qualifying service for pension. In such circumstances, the petitioner has preferred the present writ petition, under
Article 226 of the Constitution of India.
3. In the counter affidavit filed on behalf of the third respondent, it has been stated that the petitioner was appointed as a part time Panchayat Clerk, on consolidated pay, in Ottapidaram Panchayat Union, as per the proceedings No.A4/3777/84, dated 25.4.1984, for sixth panchayats. The petitioner had joined the duty, on 21.4.1984. As per G.O.No. 962, Rural development (E-7) Department, dated 28.11.1990, the petitioner was selected as a Panchayat Assistant, on a consolidated pay of Rs.400/- per month, at Saminatham Panchayat, in Ottapidaram Panchayat Union, Thoothukudi District, vide proceedings No.A1/9244/90, dated 31.12.1990, issued by the Commissioner Panchayat Union, Ottapidaram. Based on the said proceedings, the petitioner had joined as a Panchayat Assistant, on 1.1.1991. As per G.O.No.964, Rural Development (E-7) Department, dated 28.11.1990, the petitioner had been appointed as a Junior Assistant on Transfer of Post, in the regular time scale of Rs.3200-85-4900. He had joined duty as a Junior Assistant, on 29.1.1999, at Vilathikulam Panchayat Union, in Thoothukudi District. He was permitted to retire from service, on 30.4.2007, on attaining the age of superannuation, as per the order passed by the District Collector, Thoothukudi District, dated 23.4.2007. The petitioner had rendered service for 8 years 3 months and 3 days as the net qualifying service for calculation of pension. Since the period of his service is less than the required qualifying service of 10 completed years as per the Pension Rules, the petitioner was not eligible to get his pension, as claimed by him. Further, the Principal Accountant General (A & E), Chennai, the pension sanctioning authority, by his letter, dated 2.2.2000, sought the clarification from the Government as to whether the service rendered in Village Panchayat is to be taken into account for payment of pension. The Deputy secretary to the Government, the Finance (Pension) Department, in his letter No.10973/Pension/2000-1, dated 4.10.2000, had clarified that the service rendered under the village panchayat and the Panchayat Boards cannot be counted as qualifying service for payment of pension. The said clarification was communicated to the petitioner by the Director, Rural Development and panchayat Raj, vide his letter, dated 9.1.2008.
4. It has been further stated that Rule 11 of the Tamil Nadu Pension Rules 1978, inserted by G.O.Ms.No.283, Finance (Pension), dated 15.4.1996, states as follows:
"Half of the service rendered by State Government employee under Non- Pensionable establishment shall be allowed to be counted for Pensionary benefits along with regular service under pensionable establishment subject to the following conditions"
5. However, the service under non-pensionable establishment should have been in a job involving whole time employment and it should have been on a time scale of pay. Further, the service under non-pensionable establishment should have been continuous and followed by absorption in pensionable establishment, without a break. However, Since the service of the petitioner, from 21.4.1989 to 28.1.1999, was under a non-pensionable establishment and as it was not on the time scale of pay, his request for counting the period of service rendered by him in the village panchayat, as an Assistant, for the payment of his pension, had been rejected.
6. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had placed before this Court the orders passed by this Court, on 18.7.2007, in W.P.Nos.15258 and 15468 of 2006, and the order, dated 2.4.2009, made in W.P.No.5017 of 2009, in support of his contentions that the the payment of pension is not a charity or a bounty, nor is it a conditional payment solely dependent on the sweet will of the employer. He had also stated that the pension is earned for rendering a long service and is often described as deferred portion of payment for the past services. He had also pointed out that this Court by its order, dated 2.4.2009, made in W.P.No.5017 of 2009, had directed the first respondent therein to count the services rendered by the petitioners in the post of part time Panchayat Clerk in the village Panchayat, for the purpose of payment of pension and other retiral benefits. The learned counsel appearing for the petitioner had further stated that the case of the petitioner in the present writ petition is of a similar nature and therefore, the decisions rendered by this Court would be squarely applicable to the present case. The learned counsel appearing for the petitioner had also stated that the said order would become final.
7. The learned counsel appearing for the petitioner had further submitted that the Government of Tamil Nadu had passed a Government Order, in G.O.Ms.No.408, Finance (Pension) Department, dated 25.8.2009. wherein it has been stated that 50% of the service rendered by the Government servant in Non- Provincialised service, on consolidated pay, on Honorarium and on daily wages is to be taken into account for payment of pension, from the date of his retirement.
8. The learned counsel appearing for the respondents had not refuted the averments made on behalf of the petitioner.
9. In view of the Government Order, in G.O.Ms.No.408, Finance (Pension) Department, dated 25.8.2009, the decisions cited above, and in view of the averments made on behalf of the parties concerned, the respondents are directed to consider the claim of the petitioner for payment of his pension and other retiral benefits, by taking into account the period of the petitioner's service rendered in the Village Panchayat, as an Assistant, for the payment of pension and other retiral benefits and to pay the arrears of pension to the petitioner, within twelve weeks from the date of receipt of a copy of this order. Accordingly, the writ petition stands party allowed. No costs.
lan To:
1. The Secretary to Government Rural Development and Panchayat Department Secretariat, Chennai
2. The Director of Rural Development Panagal Building Saidapet, Chennai-15
3. The District Collector Thoothukudi District, Thoothukudi
4. The Deputy Secretary to Government Finance (Pension) Department Secretariat, Chennai-9
5. The Principal Accountant General (P & E), Chennai-13