IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 17.09.2010 CORAM THE HONOURABLE MR.JUSTICE D. HARIPARANTHAMAN W.P. No.1104 of 2007 E. Saraswathi .. Petitioner -vs- 1. The Director of Social Welfare & Nutritious Programme, Chepauk, Chennai 2. The District Social Welfare Officer, Villupuram, Villupuram District .. 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.4764 of 2000 from the file of the Tamil Nadu Administrative Tribunal with a prayer to call for the entire records passed by the respondent Director in his proceeding Na.Ka.No.Ner.4(2)/59146/97 dated 11.02.1999and the consequential order Na.Ka.No.Ner.4(2)/38439/99 dated 24.08.1999 and set aside both the orders and direct the respondents to count the half of the period of the petitioner consolidated period of service 8 years 7 months from the period 01.03.1971 to 04.05.1988 along with the petitioner's regular service from 05.05.1988 to 31.12.1997 (9years 7 months26 days) for the purpose of calculating the qualifying service for pension for the petitioner and further direct the respondents to award all the consequential benefits. For Petitioner : Mr. K. Thennan For Respondents : Mrs. Lita Srinivasan Government Advocate O R D E R The Original Application in O.A. No. 4764 of 2000 before the Tamil Nadu Administrative Tribunal is the present Writ Petition. 2. The petitioner was appointed as Child Welfare Organiser on 01.03.1971 on consolidated pay. She served in the said post for the past 17 years from 01.03.1971 to 04.05.1988. The petitioner was promoted as Rural Welfare Officer on regular basis from 05.05.1988 and she continued in the said post upto 31.12.1997. She retired from service on 31.12.1997 on reaching the age of superannuation. She https://hcservices.ecourts.gov.in/hcservices/ worked in the post of Rural Welfare Officer for 9 years, 7 months and 26 days. The petitioner was denied pension by the impugned order dated 24.08.1999 on the ground that the petitioner did not render 10 years of service. The petitioner filed O.A. No.4764 of 2000 (W.P. No.1104 of 2007) to quash the aforesaid order dated 24.08.1999 and for direction to pay pension. 3. The petitioner has produced G.O. No.408, Finance (Pension) Department, dated 25.08.2009 providing pension by taking into account 50% of the service rendered by a person on consolidated pay. The other condition is that the person who worked on full time basis in consolidated pay should have been regularised before 01.04.2003 to become eligible for pension under the G.O. The relevant para 3 of the G.O. is extracted hereunder: 3/ ,t;thiz 01/01/1961?f;F gpd;dh; tiuaWf;fg;glhj gzp-bjhFg;g{jpak;-kjpg;g {jpak;-jpdf;Typ mog;gilapy; gzp g[hpe;J. 01/04/2003?f;F Kd;dh; epue;ju muRg; gzpaplj;jpy; <h;f;fg;gl;l midtUf;Fk; bghUe;Jk;/ nkYk;. ,t;thiz muRg; gzpahsh;fs;. cs;shl;rp epWtdg; gzpahsh;fs; MfpnahUf;Fk; bghUe;Jk;/ 4. The petitioner has satisfied all those conditions. Hence, the impugned order is quashed and the first respondent is directed to send the pension proposals within a period of four weeks to the Accountant General for sanctioning of pension. The Accountant General is directed to pass appropriate order sanctioning pension within a period of three weeks, thereafter. The writ petition is allowed accordingly. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar To 1. The Director of Social Welfare & Nutritious Programme, Chepauk, Chennai 2. The District Social Welfare Officer, Villupuram, Villupuram District + 1 cc to government Pleader CC Sr. 69978 W.P. No.1104 of 2007 JP(CO) EU 13.10.10 https://hcservices.ecourts.gov.in/hcservices/