T CHELLAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitioner filed these writ petitions for direction against the 5th respondent, the Director of Local Funds Audit and to sanction pension and other retirement benefits with effect from 30.4.2001 with arrears and challenged the order of the third respondent, the District Collector dated 9.7.2009 which was passed based on a letter of the Secretary to Government dated 22.12.2008 by which the claim of the petitioner for payment of provisional pension came to be rejected.

(2.) THE petitioner was appointed as a Grade-II Gang Mazdoor in Acharapakkam on 25.10.1965 along with one Munusamy. THE petitioner reached the age of superannuation on 30.4.2001 as Special Grade Mazdoor and he was allowed to retire as per the orders of the Block Development Officer, Acharapakkam, the 4th respondent dated 30.4.2001. a) THE Government issued various orders in G.O.Ms.No.1661/RDLA dated 17.10.1979 and G.O.Ms.No.868 dated 17.6.1983 to the effect that Gang Mazdoors in Panchayat Unions who have put in more than 10 years of service as on 1.4.1979 must be kept under regular scale of pay of Rs.200-5-300 and that the Government created 1443 posts of Gang Mazdoors in Panchayat Unions in order to bring such persons who have completed 10 years of service into regular establishment and permission was granted to the Director of Rural Development to bring them in service and for extension of pension scheme.

(3.) A reference to the order of appointment of the petitioner dated 25.10.1965 shows that the petitioner was appointed by the Commissioner of Panchayat Union, Acharapakkam, as Grade-II Gang Mazdoor. The purport of the G.O.Ms.No.1661 (Rural Development and Local Administration Department) dated 17.10.1979, is to regularize and bring the Gang Mazdoors working in Panchayat Unions for more than 10 years as on 1.4.1979 into the time scale of pay. From the date of his appointment viz., 25.10.1965, as on 1.4.1979, the petitioner has put in more than 10 years of service and therefore, there is no doubt that the petitioner is entitled for being brought under the time scale of pay. The Commissioner of Panchayat Union in his proceedings dated 4.9.1984 has in fact in categorical terms admitted that the petitioner has been working from 25.10.1965 and as on 1.4.1979, he has completed 10 years of continuous service and ordered time scale of pay as per G.O.Ms.No.1661 dated 17.10.1979 and admittedly, the same has also been entered in the service register of the petitioner.