Madras High Court

WA/861/2024 of The Principal Accountant General Vs S. Krishnamurthy on 16 September 2026

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WA No. 861 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-09-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN

WA No. 861 of 2024

CNR:{HCMA010823222023}

AND

CMP NO. 6093 OF 2024

The Principal Accountant General

(Accounts and Entitlements), Tamil Nadu 361, Anna Salai, Chennai-18

..Appellants

Vs

1. S. Krishnamurthy

No.55, Mettu Theru, Perumbalai Village and Post, Cheyyar Taluk, Thiruvannmalai District.

2. The Government Of Tamil Nadu

rep. by the Secretary to Government, Finance (Pension) Department, Forst St.George, Chennai-09.

3. The Revenue Divisional Officer

Cheyyar, Thiruvannamalai District.

4. The Treasury Officer

Thiruvannamalai, Thiruvannamalai District.

..Respondents

Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order of the Learned Judge made in Writ Petition No.4529 of 2016 dated 03.01.2023 and allow the Writ Appeal.

WA No. 861 of 2024

For Appellant(s):

Mrs.Hema Muralikrishnan

For Respondent(s):

Mr.P. Mohanraj For R1

Mrs.Y.Kavitha

Additional Government Pleader

-for R2 to R4

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Judgment

(Judgment of the Court was delivered by S.M.Subramaniam J.) The Principal Accountant General (Accounts and Entitlements), Tamil Nadu has filed the present intra court appeal challenging the writ order dated 03.01.2023 passed in W.P.No.4529 of 2016.

2. The respondent instituted a writ petition seeking restoration of pension. The respondent retired from Government service on 30.06.2010 while serving as Assistant in the Revenue Divisional Office. Prior to that, he served as Karnam in Tiruvannamalai District from 22.10.1972 to 14.11.1980. After abolition of the post of Karnam, he was appointed as Village Administrative Officer (VAO) on 11.08.1982. However, his pension was calculated from the date of his appointment as VAO. The respondent set out a claim for counting of 50% of the services rendered by him as Karnam prior to his appointment as VAO.

WA No. 861 of 2024

3. Regarding counting of 50% of service, the Full Bench of this Court has considered the issues and the post of Karnam is declared as a part time job. Part time employees are not eligible for counting of 50% of the services in view of the conditions stipulated under Rule 11(4) of the Tamil Nadu Pension Rules, 1978. The Full Bench of this Court in the case of A.Sundaram -vs- Secretary to Government, Rural Development Department and another (2026) MHC 2249 answered the reference and the relevant paragraphs are extracted hereunder: “

11. Hence, this Full Bench is of the view that the declaration in V.Ganapathy’s case that Rule 11 of the Pension Rules and the Government Order is unconstitutional, since it restricts the benefits of service rendered on temporary service to 50% only as it is hit by Article 14 of the Constitution of India cannot be construed as good law and the said judgment has denuded to lose its status as precedent. Moreover, on perusal of the order in V.Ganapathy’s case reveals absence of specific pleadings with respect to Rule 11(4). It is unreasoned order and shall be held to be bad in law.

12. In the past, individual and independent court orders have been granted in few cases and the grounds of relief are based more on misplaced sympathy than on the foothold of the Rules/law in place. Consequently, such individual orders have been followed as precedent in the consequential similarly

WA No. 861 of 2024

placed cases creating a spinning wheel of precedents to choose from, thereby causing inconsistencies and diluting the actual Rules/law.

13. In this backdrop, the relief sought for in the present writ petition is to direct the respondent to count the entire temporary services of the petitioner worked in the cadre of Field Surveyor cum Draftsman / Section Writer as qualifying service for the purpose of grant of pension in the light of the judgment in V.Ganapathy’s case reported in 2013 (2) MLJ

399. This Court is of the view that the case of the petitioner also to be considered strictly in terms of Rule 11(4) of the Tamilnadu Pension Rules,1978.

14. In view of the above legal position, it is made clear that Rule 11(4) of the Tamilnadu Pension Rules is to be applied stricto sensu in the terms and conditions stipulated for counting of 50% of the temporary services rendered by the government servants for extending pensionary benefits.

4. Since the issue has already been decided by the Full Bench, the respondent is not eligible for counting of 50% of the services rendered by him in the part time post of Village Karnam. Learned counsel for the appellant would submit that no recovery will be effected in respect of the excess pension already paid to the respondent. It is made clear that the respondent is a pensioner and therefore any recovery of excess pension would result in hardship. Thus, the recovery alone is set aside and regarding the claim for

WA No. 861 of 2024

counting of 50% of part time services stands rejected in view of the judgment of the Full Bench of this Court cited supra. Accordingly, the impugned writ order dated 03.01.2023 made in W.P.No.4529 of 2016 is set aside and the writ appeal stands allowed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 16-09-2026 Index: Yes Speaking order Neutral Citation: Yes KST To

1. The Secretary to Government, Finance (Pension) Department, Fort St.George, Chennai-09.

2. The Revenue Divisional Officer Cheyyar, Thiruvannamalai District.

3. The Treasury Officer Thiruvannamalai, Thiruvannamalai District.

WA No. 861 of 2024

S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 861 of 2024 AND CMP NO. 6093 OF 2024 16-09-2026

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