1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06/09/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.7966 of 2011 K.R.Pandian ... Petitioner Vs. 1. The State rep. by its The Deputy Secretary to Government Department of Housing and Urban Development Secretariat Chennai - 600 009 2. The Senior Deputy Accounts General (Pension) O/o. The Principal Accountant General ( A & E) Tamil Nadu No.361, Anna Salai Chennai - 600 018 3. The Engineer in Chief Water Resources Organization / Chief Engineer (General) Public Works Department Chepauk Chennai - 5 4. The Managing Director Tamil Nadu Housing Board No.493, Anna Salai Nanthanam, Chennai - 35 5. The Executive Engineer and Administrative Officer Madurai Housing Unit Tamil Nadu Housing Board Ellis Nagar Madurai - 625 010 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the first respondent in 14719/Vee.Va.1(1)/07-1 dated 02.07.2007 and quash the same on the ground that the same as arbitrary and illegal and consequently direct the respondents to sanction pension and other terminal benefits due to the petitioner by treating the pre- interruption of service rendered by the petitioner for more than 19 years under the third respondent as a qualifying service for https://hcservices.ecourts.gov.in/hcservices/ 2 pension and the same may be sanctioned within a time frame stipulated. *** For petitioner : Mr.M.Sathiamoorthy For Respondents : Mr.B.Pugalendhi Special Government Pleader O R D E R The grievance of the petitioner is that the service rendered in PWD Department, from 10.01.1968 to 09.06.1971 as Work Assistant in Special Division (Flood), Paramakudi and thereafter, as a Junior Engineer with effect from 10.06.1971 to 15.09.1987, has not been taken into account for the purpose of computing the same, as qualified service to grant pension. 2. It is the case of the petitioner that he had rendered a total period of 19 years of service and vide order, dated 03.09.1987 of the Engineer in Chief Water Resources Organization / Chief Engineer (General), Public Works Department, Chennai, he has been terminated from service. According to him, he had served both as Technical Assistant / Junior Engineer with effect from 10.01.1968 to 14.09.1987 in PWD Department. After an interruption of 6 years, the petitioner was appointed by the fourth respondent, as Building Inspector in Tamil Nadu Housing Board, with effect from 02.11.1993 along with 67 persons. The post of Building Inspector was later on redesigned as Technical Assistant in the Housing Board, Chennai. Due to ill-health, the petitioner voluntarily retired from service with effect from 17.01.2004 from the office of the Executive Engineer and Administrative Officer, Madurai Housing Unit, Tamil Nadu Housing Board, Madurai. He had worked as Technical Assistant with effect from 02.11.1993 to 17.01.2004 for a period of 10 years, 2 months. Though the petitioner was paid a sum of Rs. 38,808/- Death cum Retirement Grant, he has not been paid pension and other terminal benefits on the grounds that he had not put in the required number of years of service for sanction of pension in Housing Board. As there is a denial to take into consideration the service rendered in PWD Department, the petitioner has come forward to quash the order, dated 02.07.2007, passed by the Deputy Secretary to Government, Department of Housing and Urban Development Secretariat, Chennai. 3. When the matter came up on 19.07.2011, Mr.B.Pugalendhi, learned Special Government Pleader, was directed to take notice. The learned Special Government Pleader is able to get instructions to the effect that for computing the period of service rendered in PWD Department with effect from 10.06.1971 to 14.09.1987, 16 years, 3 months and 4 days for pensionary benefits, in the Department of Housing Board, proposals have been sent in K.No. S1(II/20643/2007), dated 14.03.2011, by the https://hcservices.ecourts.gov.in/hcservices/ 3 Engineer in Chief Water Resources Organization / Chief Engineer (General), Public Works Department, Chennai, to the Secretary to Government, PWD Department, Chennai. Learned Special Government Pleader also submitted that along with the proposals, the service register by the petitioner, has also been sent. 4. However, Mr.M.Sathiamoorthy, learned counsel appearing for the petitioner submitted that the petitioner's service between 10.01.1968 to 09.06.1971, ought to have been taken into consideration. Now that, the Engineer in Chief Water Resources Organization / Chief Engineer (General), Public Works Department, Chennai, the third respondent herein, has also sent a proposal to the Government for issuance of appropriate orders, for computing the period rendered in PWD Department, for the purpose of pensionary benefits in Housing Board, it is always open to the petitioner to submit a representation to the Secretary to Government, PWD Department, Chennai, the details of the period of service rendered from 10.01.1968 to 09.06.1971, with supporting materials through the Secretary to the Government, PWD Department, Chennai, is not a party before this Court, yet this Court is inclined to direct the said Officer, to pass orders on the proposals made in K.No. S1(II/20643/2007), dated 14.03.2011, and also consider any representation to be made by the petitioner in this regard, on merits and in accordance with pension rules, and pass appropriate orders within a period of 12 weeks from the date of receipt of a copy of this order. If the petitioner is entitled to count the service rendered in PWD Department for pension, appropriate orders may be issued, so as to enable him to get the pension and other benefits within the stipulated time. 5. With the abovesaid directions, this Writ Petition is disposed of. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1. The Deputy Secretary to Government Department of Housing and Urban Development Secretariat, Chennai - 600 009 2. The Senior Deputy Accounts General (Pension) O/o. The Principal Accountant General ( A & E) Tamil Nadu No.361, Anna Salai Chennai - 600 018 3. The Engineer in Chief Water Resources Organization / Chief Engineer (General) Public Works Department Chepauk, Chennai - 5 https://hcservices.ecourts.gov.in/hcservices/ 4 4. The Managing Director Tamil Nadu Housing Board No.493, Anna Salai Nanthanam Chennai - 35 5. The Executive Engineer and Administrative Officer Madurai Housing Unit Tamil Nadu Housing Board Ellis Nagar Madurai - 625 010 Copy to the Secretary to Government PWD Department, Chennai +1cc to M/s.M.Sahiamoorthy, Advocate, Sr.No.30528 vsg ssk/21.09.2011 /8c-4p/- W.P.(MD).No.7966 of 2011 06.09.2011 https://hcservices.ecourts.gov.in/hcservices/