1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 24..03..2011 Coram:: THE HONOURABLE MS.JUSTICE K.SUGUNA and THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY Writ Appeal (MD)No. 289 of 2011 1. Samuthiram, S/o. Ramaiah, Poobala Samuthram, Adaikalapattinam Post, Alangulam Taluk, Tirunelveli District. 2. Paramasivan, S/o. Sundaraiah Thevar, Raja Pandi Village and Post, V.K.Pudur Taluk, Tirunelveli District. 3. M. Periyasamy, S/o. Murugaiah Thevar, Raja Pandi Village and Post, South Street, V.K.Pudur Taluk, Tirunelveli District. 4. Vellamal, W/o. Shanmugam (died while in service), Katapakathi and Post, Tenkasi Taluk, Tirunelveli District. ..Appellants/Petitioners Vs. 1. The Government of Tamil Nadu, Rep. by its Secretary, Rural Development and Local Bodies Department, Omanthurar Government Estate, Chennai. 2. The Commissioner of Rural Development, Kuralagam, Chennai - 108. 3. The Director of Local Bodies Finance and Auditing, Kuralagam, Chennai - 108. 4. The Assistant Director, Local Bodies Finance and Auditing, Palayamkottai, Tirunelveli District. 5. The District Collector, Tirunelveli, Tirunelveli District. https://hcservices.ecourts.gov.in/hcservices/ 2 6. The Commissioner, Keelapavoor Panchayat Union, Keelapavoor, Tirunelveli District. ..Respondents/Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.11.2010 of the learned Single Judge in W.P.(MD)No.6320 of 2010 filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to letter Mu.Mu.No.29370/O3/06 dated 03.11.2006 of the 3rd respondent herein and the consequential order dated 12.08.2009 of the 5th respondent herein and quash the same and consequently direct the respondents herein to pay the terminal benefits including pensionary benefits of the petitioners herein from the date of their original appointment namely 04.04.1970, 04.04.1970, 01.04.1972, 01.04.1972 respectively with all consequential benefits and direct the respondents herein to repay the recovered sum of Rs.53,708/-, 37,958/-, 43,220/- and 36,500/- to the petitioners herein. For Appellants :: Mr. T. Pon Ramkumar For Respondents :: Mr. R. Janakiramulu Special Government Pleader JUDGMENT (Judgment of the Court was delivered by K. SUGUNA, J.) This Writ Appeal is filed as against a portion of the order dated 23.11.2010 of the learned Single Judge in W.P.(MD)No.6320 of 2010, whereby the request of the writ petitioners to take into account their entire service for calculating the qualifying service for pension and other terminal benefits has not been considered. 2. According to the learned counsel appearing for the appellants, the appellant Nos.1 to 3 and the husband of the fourth appellant were initially appointed with effect from 04.04.1970, 04.07.1970, 01.04.1972 and 01.04.1972 respectively. Subsequently, by an order dated 07.07.1993, their services have been regularized with effect from 01.04.1979. For the pensionary benefits and other retirement benefits, their services have been taken into account from the date on which their services have been regularized. Now, the grievance of the appellants is that initially they were appointed on temporary basis and as per the Tamil Nadu Pension Rules 1978, their entire service should be calculated for pensionary benefits. 3. Admittedly, no document has been produced before this Court with regard to their initial appointment. In the absence of any such appointment order, this Court cannot come to a conclusion as to whether their initial appointment is on temporary basis or on a consolidated pay or otherwise. According to the learned counsel for the appellants, the appellants do not possess their appointment https://hcservices.ecourts.gov.in/hcservices/ 3 orders at all. If it is so, it has to be presumed that they were appointed only on daily wage basis. But, according to the learned counsel for the appellants, they were appointed only on temporary basis and not as daily wage employees. But, in the absence of any such relevant document to this effect, this Court cannot give any direction to take into account the entire service rendered by them. However, it is the firm stand of the learned counsel appearing for the appellants that they can establish before the Authorities concerned that they were appointed only on temporary basis. 4. In view of the above, this Writ Appeal is disposed of, giving liberty to the appellants to establish before the Authorities concerned that they were initially appointed only on temporary basis by producing relevant documents within a period of four weeks from the date of receipt of a copy of this order. In the event of the appellants producing such relevant documents with regard to their initial appointment, the respondents are directed to consider the same and basing on the documents and as per the Tamil Nadu Pension Rules 1978, if they are entitled for the benefit, pass orders within a period of twelve weeks thereafter. However, there will be no order as to costs. Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar To: 1. The Secretary, Government of Tamil Nadu, Rural Development and Local Bodies Department, Omanthurar Government Estate, Chennai. 2. The Commissioner of Rural Development, Kuralagam, Chennai - 108. 3. The Director of Local Bodies Finance and Auditing, Kuralagam, Chennai - 108. 4. The Assistant Director, Local Bodies Finance and Auditing, Palayamkottai, Tirunelveli Dist. 5. The District Collector, Tirunelveli, Tirunelveli District. 6. The Commissioner, Keelapavoor Panchayat Union, Keelapavoor, Tirunelveli District. +1cc to Mr.T.Pon RamKumar, Advocate Sr.No.7828 +1cc to The Special Government Pleader, SR.No.8342 Dpn akm/09.06.11 /3p-9c/ Writ Appeal (MD)No. 289 of 2011 24.03.2011 https://hcservices.ecourts.gov.in/hcservices/