WA/1416/2024 of E. Shere Ali Baig Vs Government of Tamil Nadu on 22 September 2026

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) Under assail is the Writ order dated 06.03.2024 passed in W.P.No.28531 of 2021. Writ Petitioner is the appellant before this Court.

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2. Appellant was appointed as Assistant Professor (Chemistry) in Government Arts College. He had proceeded on leave with effect from 12.02.1993 on the ground that his new-born baby required special attendance. He continued on leave till the date of removal on 28.04.2005. However, in between the years 1993-2005, appellant was permitted to join duty by the Department vide letter dated 08.08.1997. He joined and thereafter proceeded on leave. Appellant challenged the order of removal from service. Writ Petition filed in W.P. No.38804 of 2005 was allowed by the learned Single Judge by order dated 05.09.2011, and the punishment of removal from service was modified to that of compulsory retirement. Government implemented the order and modified the punishment of removal as compulsory retirement vide G.O. 3(D) No. 6, Higher Education Department, dated 24.09.2012. The actual date of superannuation of the appellant was 30.04.2005

3. It is not in dispute that Government settled the terminal and pensionary benefits to the appellant. However, the period of absence from 12.02.1993 to 27.04.2005 was not regularized and treated as non- qualifying service and no pensionary benefits were extended for the said period. Thus, appellant filed W.P. No. 28531 of 2021. The Writ Court dismissed the Writ Petition, which resulted in filing of the present intra- court appeal.

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4. The facts not controverted between the parties are that appellant did not attend duty from 12.02.1993 to 27.04.2005. However, he was permitted to join duty in the year 1997, and he joined and thereafter continued on leave. That apart, the punishment of removal was set aside and the modified punishment of compulsory retirement was imposed. Therefore, the period from 12.02.1993 to 08.08.1997, the date on which the Government permitted the appellant to join duty, is to be treated as qualifying service only for the purpose of pensionary benefits under the Tamil Nadu Pension Rules. However, the said benefit was also declined through Government letter dated 20.10.2021 relying on proviso to Rule 18 of the Tamil Nadu Pension Rules, 1978. Proviso clause to Rule 18 reads as under: “Provided that in the case of extraordinary leave other than extraordinary leave granted on medical certificate the appointing authority may, at the time of granting such leave, allow the period of that leave to count as qualifying service if such leave is granted to a Government servant -

(i) due to his inability to join or rejoin duty on account of Civil Commotion: or

(ii) for prosecuting higher scientific and [technical

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studies; or] [Proviso (ii) to Rule 18 for the expression 'technical studies', the expression 'technical studies; or ; substituted - G.O.Ms.No.556. Finance (Pension) Department, dated 06-12-2000.]

(iii) [ for taking up employment abroad, if necessary pension contributions are paid by the Government servant to the Accountant General, Tamil Nadu from time to time with appropriate interest for belated payments, if any,] [Proviso (iii) to Rule 18 added - G.O.Ms.No.556, Finance (Pension) Department, dated 06-12-2000.]”

5. Rule 18 is to be applied for counting of periods spent on leave. Government is empowered to regulate the said period as non-duty or the period shall not be reckoned as qualifying service. However, in the present case, Government permitted the appellant to join duty in the year 1997, and pertinently, punishment of removal from service came to be challenged by way of Writ Petition. The Writ Court allowed the Writ Petition and modified the punishment of removal as compulsory retirement. Therefore, the said period is to be regulated as qualifying services only for the limited purpose of calculating pensionary benefits under the Tamil Nadu Pension Rules, 1978. However, appellant is not entitled to claim regularization or to treat the period as qualifying service from 09.08.1997 till his date of retirement, since the said period

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remained as leave for all purposes. In respect of the said period, proviso clause to Rule 18 is to be applied.

6. In view of the fact that the punishment of removal was set aside, this Court is inclined to grant the benefit of qualifying services in favour of the appellant with effect from 12.02.1993 till 08.08.1997. The respondents are directed to calculate the said period as qualifying services and pay the pensionary benefits as applicable under the relevant Rules. The said exercise is directed to be completed within a period of 12 weeks from the date of receipt of a copy of this order.

7. Accordingly, the writ order dated 06.03.2024 passed in W.P. No. 28531 of 2021 is set aside, and to the extent of relief granted, the writ appeal stands allowed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.G.R.,J.) 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD

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To

1. Government of Tamil Nadu Rep by its Secretary, Higher Education Fort St.George, Chennai 9.

2. The Director of Collegiate Education College Road, Chennai 6.

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S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WA No. 1416 of 2024 22-09-2026

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