This writ petition is filed to call for the records connected with the letter No.P2/67950/01/Pen/Ho/dated 19.9.2005 passed by the first respondent and quash the same and further direct the respondents to include the service rendered by the petitioner in the Non Provincialised Work charged establishment from 4.3.1966 to till 30.9.1970 for calculation of pension, family pension, Death-cum-Retirement benefits and consequently disburse the benefits arising out of it at the earliest.
2. The petitioner joined the services of the Tamil Nadu Water Supply and Drainage Board in short 'Board' as a work assistant on 4.3.1966, which is a non provincialised work charged establishment and continued to work in the same post till 30.9.1970. On and from 1.10.1970, the petitioner has been brought under regular establishment and appointed as Draughtsman Grade-II in the Board and thereafter, promoted to the various higher posts and he retired on 30.9.2001 as Assistant Executive Engineer on superannuation. He claimed certain benefits consequent to his retirement viz., pension and DCRG benefits. The respondents/Board failed to include the service rendered by the petitioner from 4.3.1966 to 30.9.1970 stating that during the said period petitioner was a work assistant which is a non provincialised work charged establishment and therefore, it cannot be counted for the purpose of pensionary benefits. Aggrieved thereby, the present writ petition has been filed stating that the said period should also be included for the purpose of pensionary benefits. In particular, the petitioner relied upon the G.O.Ms.No. 893, Public Works (HM.2) Department, dated 22.8.1994. Paragraphs 4 and 5 of the said G.O., reads as follows:-
" (4). The Government, after careful consideration had decided to implement the orders of Tribunal referred to his paragraph 3 above and accordingly direct that the non-provincialised service under work charged establishment rendered by all the work charged personnel of Public Works and Highways Department, whose services are provincialised or brought late regular establishment be counted for calculation of, pension project ( it may be subject) to the following conditions:-
a) The terminate (it may be terminal) benefits all any received by them for the portion of the service rendered under non-provincialised establishment including the adhoc pensioner sanctioned is G.O.Ms.No. 1628 Public Works Department, dated 23.11.1992 will be adjusted while admitting the payment of the revised pension; and
b) The benefit will be only from the date on which the pension was payable for provincialised service or following transfer to regular establishment.
5) This order also be applicable to the work charged personnel who retied between 24.11.1970 and 31.12.1976, and now receiving adhoc pension of Rs.150/- plus Dearness Allowance per month."
3. The above said G.O. Was issued consequent to the order of the Tribunal in its common order dated . 31.1.1994 in O.A.Nos. 227/1994, 226 to 278, 288 to 297 of 1994 batch, wherein a direction was issued to the Government to provide relief to all similarly placed persons without insisting upon individual order. The Government therefore considered the same and passed the G.O.Ms.No. 893, Public Works (HM.2) Department, dated 22.8.1994.
4. The Government Order clearly provides that the non-provincialised service under work charge establishment should be calculated for pensionary benefits, however, the benefit will be only from the date on which, the pension was payable for provincialised service or following transfer to regular establishment. The period of non provincialised service was to be included for pensionary benefits. It is not deleted or denied.
5. In view of this clear statement in the Government Order, the respondents cannot exclude the period of service of the petitioner as work assistant ( non-provincialised service) to compute the pensionary benefits. The rejection of the petitioner's claim in this regard is contrary to the above said Government Order and the proceedings, which is challenged in this writ petition and which denies above said relief is liable to be set aside.
6. Similar view was taken by this Court in WP No. 10143 of 2008, in its order dated 2.7.2008, following earlier order of this Court in W.P.No. 17363 of 1996, dated 12.4.1997 (passed by P.Sathasivam,J.,(as he then was). It is also not in dispute that the Government has accepted the earlier order of this Court and granted the benefit in similar circumstances. Further, this Court, by an order dated 2.7.2008, in W.P.No. 10143 of 2008 relied upon the Rule 11 of the Tamil Nadu Pension Rules, 1978, which provides that temporary service shall be counted for arriving at the total qualifying period of service. For the above stated reasons, the writ petition has to succeed.
7. In the result, the impugned order is set aside. The respondents are directed to count the non provincialised service of the petitioner from 4.3.1966 to 30.9.1970 for the purpose of calculating pension and other retiremental benefits. The revised order shall be passed within a reasonable period of time preferably within a period of six weeks from the date of receipt of a copy of this Order. This writ petition is allowed on the above terms. No costs.
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1. The Joint Chief Engineer (General), Tamilnadu Water Supply and Drainage Board, Head Office, Chennai.5.
2. The Managing Director, Tamil Nadu Water Supply and Drainage Board, 31, Kamarajar Salai, Chepauk, Chennai.5.
3. The Secretary, Municipal Administation and Water Supply Department, Government of Tamil Nadu, Fort St. George, Chennai 9