IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.07.2010 CORAM THE HON'BLE MR.JUSTICE T. RAJA W.P.No.44121 of 2006 in O.A.No.1824 of 2000 A.Jothibai ..Petitioner ..Vs.. 1. The Government of Tamil Nadu Rep. by the Secretary to the Government, Social Welfare Department, Fort St.George Chennai-600 005. 2. The Director of Social Welfare and Nutritious Meal Programme Department, Fort St.George Chennai-600 009. ..Respondents Prayer: This Writ Petition came to be numbered under Article 226 of the Constitution of India, by way of transfer of O.A.No.1824 of 2000 from the file of the Tamil Nadu Administrative Tribunal with a prayer to direct the respondents to sanction pension to the petitioner by counting the total service rendered by the petitioner in the post of Anganwadi Worker Grade-I and Rural Welfare Officer (Women) and grant her all the consequential benefits. For Petitioner : Mr. P.Rajendran For Respondents : Mr. S. Gopinathan Additional Government Pleader O R D E R The petitioner was originally appointed as Anganwadi worker Grade-I on 01.11.1971 on consolidated pay and continued as Anganwadi worker till 27.11.1998. Subsequently, on 28.11.1998 the petitioner was appointed as Rural Welfare Officer (Women) and, subsequently, relieved from service on attaining the age of superannuation. The question raised in the present writ petition is whether the services https://hcservices.ecourts.gov.in/hcservices/ rendered by the Anganwadi worker on consolidated pay from 01.11.1971 till 27.11.1998 should be counted as qualifying service for the purpose of getting pension. 2. The learned counsel for the petitioner, to support her contention, relied on G.O.Ms.No.408 of 2009 dated 25.08.2009, wherein it has been held that half of the services rendered on consolidated pay, non provincialised service, or an honorarium or daily wages can also be counted for the purpose of getting pension. On the basis of the said G.O., the learned counsel for the petitioner prayed for allowing the present writ petition. 3. On the other hand, the learned Additional Government Pleader for the respondents submit that, though the petitioner is not entitled to count her service which was rendered from 01.11.1971 to 27.11.1998 as Anganwadi worker on consolidated pay along with the services rendered by the petitioner as Rural Welfare Officer (Women) from 28.11.1998 to 31.05.1999, this Court may direct the first respondent to consider and pass appropriate orders on the basis of G.O.Ms.No.408 dated 25.08.2009. 4. Heard the submissions made on both sides. 5. The petitioner, after her appointment as Anganwadi worker Grade-I on 01.11.1971, worked till 27.11.1998 on consolidated pay. On 28.11.1998, she was appointed as Rural Welfare Officer (Women). But, after becoming Rural Welfare Officer on 28.11.1998, since the petitioner retired from service on 31.05.1999, the services of the petitioner as Rural Welfare Officer from 28.11.1998 to 31.05.1999 being insufficient for getting pension, prayer has been made to Count the services rendered by the petitioner as Anganwadi worker on consolidated pay from 01.11.1971 to 27.11.1998 for pensionary purpose as qualifying service, for which reliance is placed on G.O.Ms.No.408 dated 25.08.2009. However, a perusal of G.O.Ms.No.408 dated 25.08.2009 it would be clear that only 50% of the services rendered by the petitioner on consolidated pay can be allowed to be counted for the purpose of computing qualifying service. 6. In the light of G.O.Ms.No.408 dated 25.08.2009 and also taking into consideration, the submission made by the learned counsel for the petitioner, this Court is of the considered view that the petitioner is entitled to count 50% of the services rendered by her from 01.11.1971 to 27.11.1998 for the purpose of pensionary benefits. Accordingly, the first respondent is directed to consider and pass order on the basis of the G.O.Ms.No.408 by counting 50% of the services rendered by the petitioner from 01.11.1971 to 27.11.1998. 7. With the above observation, the writ petition is disposed of. No costs. Since the petitioner has already retired from service on https://hcservices.ecourts.gov.in/hcservices/ 31.05.1999, the first respondent is directed to complete the exercise as mentioned above within a period of six weeks from the date of receipt of copy of this order. sd/- Asst.Registrar /True copy/ Sub.Asst.Registrar kj To 1. The Secretary to the Government of Tamil Nadu Social Welfare Department, Fort St.George Chennai-600 009. 2. The Director of Social Welfare and Nutritious Meal Programme Department, Fort St.George, Chennai-600 009. + 1 c.c. to The Government Pleader. S.R.No.50914. W.P.No.44121 of 2006 in O.A.No.1824 of 2000 VSV (CO) GSK 13.08.2010. https://hcservices.ecourts.gov.in/hcservices/