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Judgment
Vinod K. Sharma, J.—The Petitioner prays for issuance of Writ, in the nature of Certiorai, for quashing the impugned order dated 24.07.2006, rejecting the representation made by the Petitioner for counting the services rendered by the Petitioner in the Cellular Concrete Plant (CCP) for the purpose of grant of pensionary benefits.
The Petitioner was appointed on 22.12.1971 as Mechanical (Skilled) in the Cellular Concrete Plant (CCP) of the Housing Board, Ennore, and thereafter promoted as Junior Engineer on 16.10.1978.
The services of the Petitioner, after promotion, were placed at the disposal of Slum Clearance Board. The Petitioner thereafter was deputed to work with Tamil Nadu Cooperative Milk Produces Federation Limited.
The Petitioner sought voluntary retirement on 30.04.2005, after rendering 30 years and 11 months of service.
The Respondent Board while granting pension to the Petitioner at Rs. 3,632/- per month, excluded the services rendered by the Petitioner from 22.12.1971 to 16.10.1978 with C.C.P.
The Petitioner being aggrieved by the fixation of pension, filed a representation, requesting to count the total services rendered by him. The representation of the Petitioner has been rejected vide impugned order, which reads as under:
TAMIL NADU HOUSING BOARD 493, Anna Salai, Nandanam, Chennai 600035 Ph : 24352291
...
Letter No.PT.2/5823/2006 Dated:24.07.2006
To Thiru K. Allapitchai, Junior Engineer (Voluntarily Retired), 2427, Housing Board Colony, Madurai-625 011. Sir,
Sub: Personnel (Technical) Section -Tamil Nadu Housing Board -Thiru K. Allapitchai Junior Engineer Voluntarily Retired on 30.04.2005 AN -Arriving qualifying service for pensionary benefits-Representation-Regarding.
Ref:1. Your representation dated:12.09.2005.
Lr.C. No. 396/A12006 dated 11.07.2006 from the Asst. Direction/TNHB Audit.
You are informed that the Assistant Director/TNHB Audit has informed vide reference second cited that the services rendered by you in C.C.P. i.e. from 27.12.1971 to 17.10.1978 will not count for pensionary benefits and hence the pensionary benefits already sanctioned requires no revision. Further, you are informed that the pensionary benefits already sanctioned to Thiru G. Bakthavatchalam, Junior Engineer (Retd) is under examination.
Administrative Officer.
The Petitioner submits that the impugned order has been passed on the instructions of the Assistant Director/Tamil Nadu Housing Board Audit, without assigning any reasons.
The contention of the Learned Counsel for the Petitioner is, that the impugned order is totally arbitrary, as it does not take into consideration, the fact that the Petitioner was appointed by the Tamil Nadu Housing Board, Madras on temporary basis, but his appointment had continued without any break. The Petitioner was promoted by taking into consideration the services rendered by him on temporary basis with C.C.P., where he was appointed by due process of law.
No counter has been filed. Therefore, the averments made in the petition remains unrebutted.
On consideration, I find force in the contention raised by the Learned Counsel for the Petitioner. It is now well settled, that the services rendered on temporary basis in different Government department has to be counted for the purpose of pensionary benefits. There is thus no justification in denying the benefit of services rendered by the Petitioner in pursuance to the appointment with C.C.P., which was under the control of appointing authority, no fresh appointment letter given to the Petitioner and thereafter, denying the entire service of more than 30 years and 11 months. The impugned order therefore on the face of it is arbitrary and amounts to colourable exercise of power, which cannot be sustained in law.
For the reasons stated, the writ petition is allowed and the impugned order is quashed, and the Respondent Board is directed to count the services rendered by the Petitioner with C.C.P. for the purpose of calculation of pensionary benefits. No costs.