Case Note & Summary
The present intra-court appeal was filed by the State of Tamil Nadu under Clause 15 of the Letters Patent against an order of a Single Judge in W.P.No.6497 of 2023 dated 18.01.2024. The respondent, M.Kannan, had initially been appointed as a Part-Time Panchayat Clerk in a Village Panchayat. Following a policy decision of the Government, his services were regularised and he was absorbed as a Junior Assistant against a sanctioned post in the time scale of pay. After regularisation, he and similarly placed employees claimed that 50% of their service as Part-Time Panchayat Clerks should be counted as qualifying service for pension under the Tamil Nadu Pension Rules, 1978, relying on G.O.Ms.No.39, Panchayat Development and Panchayat (E5) Department, dated 13.06.2011, and subsequent Government Orders (G.O.Ms.No.77 dated 12.07.2013 and G.O.Ms.No.99 dated 27.08.2022). The Writ Court allowed the claim. The State appealed, contending that such extension was not permissible. The High Court took up the matter and noted that earlier judicial orders on the same issue had been inconsistent, with both granting and declining the benefit. The judgment excerpt provided is incomplete, and the final reasoning, decision, and ratio decidendi are not included in the available text.
Issue of Consideration
Whether 50% of service rendered as Part-Time Panchayat Clerk should be counted as qualifying service for calculation of pension under the Tamil Nadu Pension Rules, 1978, in view of G.O.Ms.No.39, dated 13.06.2011, G.O.Ms.No.77, dated 12.07.2013, and G.O.Ms.No.99, dated 27.08.2022.
Case Details
2026 LawText (MAD) (07) 125
WA No. 1828 of 2026 and C.M.P.No.16560 of 2026
S. M. Subramaniam, N. Senthilkumar
Dr. R. Gouri for Appellants, Mr. S. Jaganathan for Respondent
The State of Tamil Nadu Rep. by its Principal Secretary to Government, Rural Development and Panchayat Raj Department, The Director of Rural Development Department, The District Collector, Kallakurichi
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Nature of Litigation
Intra-court writ appeal against order of Single Judge granting benefit of counting 50% of part-time service as qualifying service for pension.
Remedy Sought
Appellants (State) sought to set aside the order dated 18.01.2024 in W.P.No.6497 of 2023 which directed counting of 50% of part-time service for pension.
Filing Reason
The State challenged the extension of pension benefit to part-time services, contending that it was not permissible under rules.
Previous Decisions
Writ Court (Single Judge) on 18.01.2024 in W.P.No.6497 of 2023 allowed the claim of the respondent and directed counting of 50% part-time service.
Issues
Whether 50% of service rendered as Part-Time Panchayat Clerk should be counted as qualifying service for calculation of pension under the Tamil Nadu Pension Rules, 1978, in view of G.O.Ms.No.39, dated 13.06.2011, G.O.Ms.No.77, dated 12.07.2013, and G.O.Ms.No.99, dated 27.08.2022.
Judgment Excerpts
The present intra-court appeal has been instituted under Clause 15 of the Letters Patent by the State of Tamil Nadu, challenging the common order passed by the Writ Court extending the benefit of counting 50% of the service rendered by the employees as Part-Time Panchayat Clerks.
In view of the said Government Orders, the Part-Time Panchayat Clerks started claiming the benefit of counting 50% of their part-time services as qualifying service for calculation of pension under the Tamil Nadu Pension Rules, 1978.
Procedural History
The respondent filed W.P.No.6497 of 2023 before the Madras High Court seeking counting of 50% of part-time service for pension. The Single Judge allowed the petition on 18.01.2024. The State filed the present intra-court appeal under Clause 15 of Letters Patent challenging that order.
Acts & Sections
- Letters Patent: Clause 15
- Tamil Nadu Pension Rules, 1978:
