WP/32509/2023 of S.KRISHNAMURTHY Vs GOVERNMENT OF INDIA on 15 September 2026

ORDER

This writ petition has been filed seeking issuance of Writ of Mandamus directing the respondents to pay pension to the petitioner counting his service from 01.11.1987 as applicable to the employees of the Central Government prior to 01.01.2004 with all arrears and penal interest.

2. The learned counsel appearing for the petitioner would submit that the petitioner is a physically handicapped person with 80% of locomotor disability and that he was initially appointed as Class IV employee temporarily on daily wage basis in the Regional Rehabilitation Training Centre at Government Institute of Rehabilitation Medicine at Madras by order dated 18.08.1986. Later on he was absorbed into regular vacancy to the post of Peon Cum Messenger by order dated 25.11.1987 and that on 26.04.1988, he was placed on probation for a period of two years and on 21.09.1992, the petitioner has successfully completed the probation period. In the meanwhile, vide order dated 27.01.2004, consequent upon the approval of the Secretary, Ministry of Social Justice and Empowerment and subsequent to the communication received from the Director, NIVH, Dehradun, the service of the petitioner along with one D.Arumugam, Driver, were temporarily attached for the National Institute for the Visually Handicapped Regional Centre [hereinafter referred to as ‘NIVH’].

3. The learned counsel appearing for the petitioner would further submit that while the petitioner was temporarily attached with NIVH, his past service was preserved, however, when the petitioner was retired on 30.06.2023, the respondents denied pension stating that the petitioner has joined in the NIVH only after implementation of the Contributory Pension Scheme. The learned counsel would also invite the attention of this Court about the writ petition in W.P.No.29557 of 2012 filed by D.Arumugam who was also temporarily attached along with this petitioner, wherein, this Court vide order dated 30.08.2022 has directed the respondents to count the service of Arumugam for the purpose of computing pension and directed to pay pension and arrears along with interest. Hence, prayed to issue Mandamus to the respondents to issue pension to the petitioner.

4. The said contention was objected by the learned Senior Panel Counsel appearing for the respondents and he would contend that since the petitioner was attached to NIVH on 27.01.2004 after the implementation of the Contributory Pension Scheme, the petitioner’s past service cannot be counted and that he is only eligible for Contributory Pension Scheme. It is also the contention of the learned Senior Panel Counsel that the amount due to the petitioner has already been settled to him. Hence prayed to dismiss the writ petition.

5. I have given my anxious consideration to either side submissions.

6. While looking into the factual aspects, as rightly contented by the learned counsel appearing for the petitioner, vide order dated 27.01.2004, while the petitioner was temporarily attached with NIVH along with D.Arumugam, it has been specifically stated that their salary would be continued to be paid from DRC Scheme for which demand will be sent to the Office of the Project Director, DRCS, Delhi and similarly vide the following order dated 30.03.2006, Office of the Project Director, District Rehabilitation Centre Scheme had stated as follows: “1.The staff would be appointed on absorption basis. In cases where recruitment rules etc. don’t provide/ permit absorption, this adjustment will be treated as direct recruitment. Accordingly, the staff would loose their seniority but their service under DRC

Scheme would be counted for retirement benefits as per the rules of recipient organization.”

7. According to the above condition, though the petitioner would loose seniority, his service under DRC Scheme would be counted for retirement benefits as per the rules of recipient organization. Based upon the above condition, even this Court, in respect of Arumugam who was also attached with this petitioner, has held in W.P.No.29557 of 2012 as follows: “8. It is not in dispute that the petitioner was appointed temporarily as a driver in the RRTC, Chennai on 08.12.1986 and subsequently transferred to NIVH, Chennai. Since consequent to the closure of the DRCS Project Director, DRCS sent a proposal dated 30.03.2006 to the fourth respondent to absorb the petitioner and six other staff of the PD-DRC/RRTC and the proposal further states that appointment would be on absorption basis. The proposal also said that the staff would accordingly lose their seniority but the service under DRCS would be counted for retirement benefits as per the rules of the recipient organization. It is pertinent to note that the fourth respondent issued an offer of appointment dated 03.04.2006 with terms and conditions to the petitioner for the post of driver which is contrary to the aforesaid proposal dated 30.03.2006 in which the reasons are stated as follows:

(i) The petitioner believed the proposal that his service under DRCS would be counted for retirement benefits.

(ii) The petitioner believed the proposal dated 30.03.2006 and joined duty with the fourth respondent.

9. As per the proposal dated 30.03.2006 the service of the petitioner has to be counted from the date of his initial appointment with third respondent / RRTC from 08.12.1986 to the date of his superannuation on 29.02.2012 while working attached with the fourth respondent. It is due to the closure of the DRCS a proposal was sent by the Project Director, DRCS dated 30.03.2006 to the fourth respondent to absorb the petitioner. Accordingly the petitioner was also absorbed. At any point of time the petitioner is not at fault and he did not opt voluntarily to join duty with the fourth respondent. It is consequent to the closure of the DRCS project he was absorbed by the fourth respondent. Hence his entire service right from his initial appointment with the RRTC, Chennai from 08.12.1986 till the date of superannuation on 29.02.2012 has to be taken into account for fixing his terminal benefits, including his pension.

10. Considering the facts and circumstances of the case, this Court directs the respondents to count the service of the petitioner from the date of his initial appointment, i.e., 08.12.1986, for payment of pension as applicable to the employees of the Central Government prior to 01.01.2004 with all arrears and penal interest.”

8. As rightly contended by the learned counsel appearing for the petitioner, this petitioner is also similarly placed person as both the petitioner and Arumugam were temporarily attached with NIVH with the same conditions as extracted hereinabove.

9. In view of the above circumstances, this court is of the firm view that the judgment in Arumugam case is squarely applicable to the petitioner’s case. Hence, this Court is issuing Writ of Mandamus directing the respondents to pay pension to the petitioner by counting the service of the petitioner from the date of his initial appointment i.e., 25.11.1987 for the payment of pension as applicable to the employees prior to 01.01.2004 with all arrears and penal interest.

10. If the petitioner is receiving any amount under New Pension Scheme, before paying the arrears of pension and started paying regular pension, the respondents are at liberty to demand the amount paid as per New Pension Scheme, from the petitioner and upon the demand, the petitioner is directed to pay the same.

11. Accordingly the writ petition is allowed as indicated above. No costs. Consequently, the connected miscellaneous petition is closed. 15-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No pri To

1. Government Of India, Rep. by its Secretary, Ministry Of Social Justice And Empowerment, Room No.604, ‘A’ Wing, Shastri bhavan New Delhi-110 001.

2. The Joint Secretary and Chairman, District Rehabilitation Centre Scheme, Room No.611, ‘A’ Wing, Shastri bhavan New Delhi-110 001.

3. The Regional Director Regional Rehabilitation Training Centre Government Institute of Rehabilitation, KK. Nagar, Chennai-600 083.

4. The National Institute Of Empowerment of Persons With Multiple Disabilities, Ministry of Social Justice And Empowerment Government Of India, East Coast Road, Muttukadu, Tamilnadu.

C.KUMARAPPAN, J. pri WP No. 32509 of 2023 And W.M.P.No.32115 of 2023 15-09-2026