STATE OF TAMIL NADU Vs. C KUMAR

JUDGEMENT

(1.) Challenging the order dated 20.04.2017 passed in W.P.No.3869 of 2005, by which the writ petition of the first respondent herein, has been allowed, State of Tamil Nadu, represented by the Secretary to the Government, Education Department, has filed the instant writ appeal.

(2.) The facts in brief, are as under:-

(3.) The Government have passed G.O.Ms.No.1015, Education Department, dated 05.06.1981, regarding grant of pension to the staff of Teaching and Non Teaching staff of aided technical institution, G.O.Ms.No.1015, Education Department, read as under:- "Copy of G.O.Ms.No.1015, Education, dated 5th June 1981. Subject: Pension for staff of non - Government Educational Institutions - (i) Non - teaching staff of Aided Schools and Colleges, (ii) Teaching and Non - teaching staff of Aided Technical Educational Institutions; & (iii) Staff of Regional Engineering College, Tirchirappalli - Those who retired before the respective Crucial dates - Pension sanctioned from date of order. ORDER: The crucial dates from which the Pension Scheme for staff of non-Government Educational Institution was introduced for various categories of staff in non-Government Educational institutions are as follows:- Education G.O.(Ms) No. and date I(a) Teaching staff of 1.4.1955 1109/31.5.1958 aided and Local body schools ("Aided" for purposes of retirement benefits always includes recognized "un-aided" schools also, including Anglo Indian Schools). (b) Teaching staff of Non-1.1.1962853/16.4.1962 Government schools in the Transferred area. II Non-Teaching staff of 1.4.1972627/11.5.1972 aided schools III.(a)Aided colleges-1.4.19621671/15.7.1963 Teaching staff (b) Aided colleges - Non Teaching staff1.4.19762213/11.10.1976 IV(a) Aided Technical Educational Institutions -1.1.1975650/23.4.1975 Teaching staff (b)Aided Technical Educational 1.4.197774/12.1.1978 Institutions - Non Teaching Staff V Regional Engineering college, Trichirappalli1.1.19751777/31.8.1977 (all Staff). 2. So far as teaching staff of non - Government schools and Aided Colleges are concerned - items i(a) and (b) ; and (iii) (a) under paragraph 1 above - teachers who retired before the respective crucial dates have been given pension with effect from 1st March 1968 (as per G.O.Ms.No.1505, Education, dated 24th Sept. 1968), while the teachers who retired from the schools in the Transferred area before 1st Nov. 1956 are getting pension only with effect from 1st May 1977 with reference to G.O.Ms.No.1394, Education, dated 17th June 1977. 3. So far as (i) non - teaching staff of Aided schools and colleges; (ii) Teaching and non-teaching staff of Aided Technical Education Institution; and (iii) staff (teaching and non - teaching) of Regional Engineering College, Tiruchirappalli are concerned - items (ii), (iii) (b), (iv) (a) and (b) (v) under paragraph 1 above - Family Pension benefits in respect of cases of Family Pension cases which occurred before the respective crucial dates have already been extended from 1st April 1979 as per G.O.Ms.No.465, Education, dated 13th March 1980. The Government now direct the benefits of Pension (under the non - Government Teacher's Pension Scheme) be also extended with effect from the date of this order to persons belonging to the above three categories of staff who retired at any time before the respective crucial dates. No arrears of Pension shall be paid for any period prior to the date of this order. 4. Full retirement benefits as admissible under the Liberalised Pension rules have so far not been extended to the teaching and non - teaching staff of Aided Technical Educational Institutions and the question of such extension is separately under consideration. Pending such extension staff who retired from Aided Technical Educational Institutions before 1st Jan. 1975 1st April 1977 will get from the date of this order the benefit of Pension only and not DCR Gratuity. The other two categories (Viz. non - teaching staff of Aided schools and colleges and staff of Regional Engineering college, Tiruchirappali) who retired before the crucial dates will however be eligible for pension as well as Death-cum-Retirement Gratuity. 5. The calculation of Pension will be only on the basis of the pay last drawn - during the last 10 months or 12 months or 36 months service, as the case may be depending on the date of retirement of the persons concerned. The Death-cum-Retirement Gratuity (where admissible) will however be calculated on the basis of the pay last drawn. The minimum Pension admissible pension sanctioned in future will automatically be admissible (As corrected in letter dated 2nd Jan. 1982). 6. On the analogy of the orders in Government Memorandum No.21344/Ey 68-5, Education, dated 18th Nov. 1968, G.O.Ms.No.1483, Education, dated 27th Aug. 1973 and G.O.Ms.No.1196, Education, dated 15th July 1975 the following further clarifications are also issued. (i) The minimum pension admissible may be sanctioned on the basis of collateral evidence even where service books are not available and where no records are available to verify the service particulars. (ii) Pension can be sanctioned even in cases where the incumbents had "resigned" since they could not have forenoon the institution of Pension Scheme at the time they resigned. (iii) In the case of invalidation on Medical grounds pension can be sanctioned even in cases where the procedure prescribed in the Tamil Nadu Pension code had not been followed. 7. The authorities who case sanction pension with reference to these orders will be the same as those sanctioning pension to the respective categories who retired after the crucial dates. 8. The expenditure will be debited to the relevant heads of account to which the expenditure on retirement benefits to the particular kind of non - Government educational Institution is debited. // True Copy // (Ramdas) Commissioner & Secretary to Government"