Pension qualifying service as per Court orders Above 9 years 11 months (Eligible for pension - TWAD)
Thiru P.N.Seetharaman,
(Late) Retired Geological Assistant,
Tamil Nadu
Water Supply and Drainage Board - With a prayer to sanction pension
Contempt Petition No.928 of 2013 filed by the legal heirs of the deceased
employee Direction of Hon'ble High Court in the Writ Petition - Complied -
Sanction of Minimum Pension to the deceased employee - Orders - Issued.
Municipal Administration and Water Supply (WS.3) Department
G.O.(D) No.4
Dated: 8.1.2021
amoufl - Lomia
திருவள்ளுவர் ஆண்டு, 2051
Read:-
1. G.O.(Ms.) No.24, Finance (Pension) Department, dated
13.1.1986.
2. From the Managing Director, Tamil Nadu Water Supply
and Drainage Board Letter No.81067/LC/A(J)-1/2008,
dated: 24.12.2020.
Order:
The Managing Director, Tamil Nadu Water Supply and Drainage Board in
his proposal second read above has stated that
Thiru P.N.Seetharaman worked
as Geological Assistant in Tamil Nadu Water Supply and Drainage Board from
17.10.1974. His service under Work Charged Establishment (WCE) were
provincialised with effect from 17.10.1979 and brought into regular
establishment with effect from 1.1.1980. He had retired on 30.09.1984. He had
completed 9 years, 11 months and 17days of service (total service including
WCE) at the age of superannuation. He has stated that, as per rule 43 (2) of
Tamil Nadu Pension Rules, 1978, superannuation pension was not sanctioned to
the individual as he had not completed 10 years of service and Death Cum
Retirement Gratuity and service Gratuity was sanctioned to him.
2. The Managing Director, Tamil Nadu Water Supply and Drainage Board
has stated that the petitioner has filed Writ Petition No. 11050 and 11051 of 1995
seeking direction to consider his case as per the Government Order first read
above. In the said Government Order it has been ordered that a fraction of a
year equal to 3 months and above shall be treated as a completed one half year
and reckoned as qualifying service for determining the amount of pension and that the order is applicable to the Government servants who retired on or after
1.1.1986. The prayer of the petitioner in W.P. Nos.11050 and 11051 of 1995 was
rejected by the Hon'ble Court in its order dated 25.8.1995 and the Writ Petitions
dismissed. It was also directed in the said order that if the individual is entitled
to any benefit by reason of the concession granted under the above said
Government Order, the Board may consider the request of granting pension to
him. As the above said Government Order is applicable to the Government
servants who retired on or after 1.1.1986, the petitioner was informed that the
said order was not applicable to him.
3. The Managing Director, Tamil Nadu Water Supply and Drainage Board
has further stated that Thiru P.N.Seetharaman again filed Writ Petition No.27072
of 2008 with the prayer to quash the order passed by the Joint Chief Engineer
(General), Tamil Nadu Water Supply and Drainage Board dated 5.9.2008 and
direct the Respondents (Managing Director, Tamil Nadu Water Supply and
Drainage Board, Secretary to Government Finance Department and the Joint
Chief Engineer (General), Tamil Nadu Water Supply and Drainage Board) to
condone the deficit period of 13 days for qualifying service and accordingly to
grant pension and consequently to sanction pensionary benefits. The Hon'ble
High Court of Madras in its orders dated 24.08.2010 in the above Writ Petition
had observed that considering the facts that the Petitioner has put in 9 years, 11
months and 17 days of service which is short of 13 days for sanctioning of the
pension, the Court is of the view that G.O.24, Finance (pension) Department,
dated, 13.01.1986 shall be applicable to the case of the Petitioner and also
observed that the petitioner who had retired from service in the year 1984 and
aged about 84 years and also longing for life in view of cancer, the Respondents
shall not drive the petitioner by rejecting the claim of the Petitioner for sanction
of pension. The High Court had allowed the Writ Petition and set aside the order
of rejection.
4. The Managing Director, Tamil Nadu Water Supply and Drainage Board
has stated that an Appeal has been filed by Tamil Nadu Water Supply and
Drainage Board in January 2011 against the above order. Meanwhile,
Thiru P.N.Seetharaman expired on 14.06.2010 and a petition impleading the
Legal heirs of the deceased employee in the Writ Appeal was filed during 2013.
Meantime the Legal heirs of Thiru P.N.Seetharaman (deceased) filed Contempt
Petition No.928/2013 for the non compliance of order in the Writ Petition. Family
pension has been sanctioned to his wife with effect from 15.6.2010.
5. The Managing Director, Tamil Nadu Water Supply and Drainage Board
has further stated that in the Contempt petition No. 928/2013 filed by the legal
heirs of P.N.Seetharaman (Deceased), the Hon'ble High Court in its order dated
9.12.2020 has directed to issue statutory notice to the respondents who are
parties in the Writ Petition and posted the matter on 11.01.2021. The Managing
Director, Tamil Nadu Water Supply and Drainage Board has therefore requested
the instructions of Government in the matter.
6. The Government after careful examination of the proposal of the
Managing Director, Tamil Nadu Water Supply and Drainage Board have decided
to comply with the orders of Hon'ble High Court of Madras in W.P.No.27072 of
2008 and to permit the Managing Director, Tamil Nadu Water Supply and
Drainage Board to sanction minimum pension to Thiru P.N.Seetharaman, (Late)
Retired Geological Assistant, Tamil Nadu Water Supply and Drainage Board with
effect from 1.10.1984 and to pay the arrears of pension to the legal heirs of the
. deceased employee from the Board funds.
7. This order issues with the concurrence of Finance Department vide its
U.O.No.9SS(PK)/PR/2021, dated 8.1.2021.
(BY ORDER OF THE GOVERNOR)
HARMANDER SINGH,
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
Το
The Managing Director, Tamil Nadu Water Supply and
Drainage Board, Chennai - 5.
Copy to:
The office of the Hon'ble Deputy Chief Minister,
Chennai - 9.
The office of the Hon'ble Minister for Municipal Administration,
Rural Development and Implementation of Special Programme,
Chennai - 9.
The Finance (BPE / Pension) Department,
Chennai 9.
Stock file /Spare Copies.
//Forwarded by order//
Caffemanffin sort
Section Officer.
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