01Facts
The petitioner stated that he worked as a Karnam from 5 December 1986 to 18 July 1993 and was then appointed as a Village Administrative Officer (VAO) through proper channel on 19 July 1993.
pp. 1–3He superannuated on 30 September 2009 and sought special pension of Rs.175 per month under G.O.Ms.No.828 dated 23 August 1996, together with attendant benefits and interest.
pp. 1–3The Accountant General had rejected his claim by order dated 4 April 2012. The State respondents opposed the petition, contending that the petitioner already received regular pension and was not entitled to special pension.
pp. 1–302Issues
i.Whether the petitioner was entitled to special pension under G.O.Ms.No.828 dated 23 August 1996, in addition to the regular pension he received after superannuation.
pp. 1–3, 5ii.Whether the Accountant General’s order rejecting the special-pension claim should be quashed and the requested pension and interest directed to be paid.
p. 103Law Applied
Article 226 of the Constitution provides the basis for the Court’s writ jurisdiction.
p. 1The Court applied the categorisation of former Village Officers discussed in the order in W.P. Nos. 276 to 280 of 2009 dated 9 January 2009: that order described the eligibility of former Village Officers for special pension under G.O.Ms.No.828, Revenue, dated 23 August 1996, including the treatment of certain re-employed officers and the counting of service for pension purposes.
pp. 3–404Reasoning
The Court relied on the 2009 order’s classification of former Village Officers and placed the petitioner in clause (b), concerning persons re-employed as VAOs.
pp. 3–5It reasoned that the petitioner’s service was counted from 14 November 1980, which enabled him to receive regular pension despite joining as a VAO only in 1993. On that basis, the Court held that his claim for a separate special pension was not legally sustainable.
pp. 3–505Holding
The Court dismissed the writ petition, finding the petitioner was not entitled to the claimed special pension.
p. 5It did not grant the requested direction to pay Rs.175 per month or interest; no costs were ordered.
p. 5Original Court PDF
T.KRISHNAN,vsTHE ACCOUNTANT GENERAL,
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