HC refuses retired judge's plea on pension

Chennai, Nov 14 (UNI) Madras High Court today upheld a Tamil Nadu Government order rejecting a plea from Mr Justice P Venugopal for payment of pension from July 8, 1981 to December 31, 1998, when he headed two Enquiry Commissions and was Commissioner for Payments.

A Division Bench comprising Mr Justice Elipie Dharmarao and Mr Justice A Kulasekaran upheld the GO of June 29, 2005 while dismissing a petition filed by Mr Justice P Venugopal, challenging it.

The bench said his appointment as Commission of Enquiry and later as Commissioner of Payments did not provide that his services would count towards pension or any enhanced or additional pension could be paid after completion of the assignments. The terms and conditions of the three assignments did not count as actual service rendered for the purpose of inclusion of the period for pension. The petitioner's tenure was treated as reemployment and not actual service.

The petitioner was appointed as a permanent judge of Madras High Court on January 25, 1979 and he retired on December 7, 1981. By a notification dated July 29, 1981, he was appointed Commission of Enquiry by the Centre to enquire into incidents relating to an attack on the office premises of two Tamil newspapers.

Before completion of enquiry, he retired as he attained the age of superannuation. He submitted the report on September 30, 1987. By another order dated March 22, 1983 by the State Government, he was appointed Commission to enquire into alleged clashes between Hindus and Christians in Kanyakumari District. He submitted his report on September 21, 1983. He was also appointed as Commissioner of Payments by a notification dated August 1, 1986 under the Race Club Acquisition and Transfer of Undertaking Act for valuing the assets of the Madras Race Club. He submitted his report on December 31, 1988.

The petitioner demanded refixation of pension taking into view his services as Enquiry Commission and Payments Commissioner.

UNI XR AA 1850