J.Balaji v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :03.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.J.Balaji S/o.M.Jegadeesan 2.R.Govindharajan S/o.Ramu 3.G.Kannan S/o.Gopal 4.S.Immanuvel S/o.Santhanam 5.M.Elangovan S/o.Mani 6.N.Subramanian S/o.Nagan 7.R.Ganesan S/o.Ramar 8.N.Sethuraman S/o.Neelamegam 9.A.Jothi Lakshmi D/o.Alagarsamy 10.P.Rajesh 1/6
S/o.Pandian 11.D.Rajapandi S/o.Durairaj 12.A.Ibrahim Ali S/o.Ameer Sulthan 13.D.Veerakumar S/o.Durairaj 14.S.Murugesan S/o.Sethu 15.M.Muniyandi S/o.Muniasamy 16.S.Manjan S/o.Sevugan
...Petitioners
Vs 1.The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.
2.The Director, Commissionerate of Town Panchayats, Urban Administrative Building, 75, Santhome High Roard, Raja Annamalai Puram, Chennai - 600 028.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, 2/6
to issue a writ of Mandamus, directing the respondents to consider and pass orders on the petitioners' representation dated 18.10.2022 to include the petitioners in the General Provident Fund and issue General Provident Fund Number with all service and monetary benefits, more particularly, within the time frame as may be stipulated by this Court. For Petitioners : Mr.B.Sivaraman for Mr.J.Pooventherarajan For Respondents : Mr.D.Ravichander Special Government Pleader *****
O R D E R
This writ petition has been filed for issuance of a writ of mandamus directing the respondents to consider the representation made by the petitioners on 18.10.2022 wherein the petitioners have sought for payment of pension as per the Tamil Nadu Pension Rules, 1978, relying upon the Full Bench judgment of this Court in Government of Tamil Nadu v. R.Kaliyamoorthy [2019 (6) CTC 705].
2. The case of the petitioners is that they were sponsored by the 3/6
Employment Exchange and they were appointed in various Town Panchayats. The petitioners were in service since the year 2000 onwards and they were also regularized in the year 2004. The further case of the petitioners is that they have the qualified service for the purpose of pension and they made the representation in this regard to the respondents seeking entitlement for pension as per the Tamil Nadu Pension Rules. Since the representation was not acted upon, the present writ petition has been filed.
3. Heard Mr.B.Sivaraman, learned counsel for petitioners and Mr.D.Ravichander, learned Special Government Pleader, appearing for respondents.
4. Learned counsel for petitioners submitted that the petitioners, in this case, will fall under paragraph 45(ii) of the Full Bench judgment referred supra. Therefore, the petitioners are claiming their legal right based on the same.
5. Taking into the consideration the limited relief sought for in this 4/6
writ petition and without going into the merits of the case, there shall be a direction to the second respondent to consider the representation made by the petitioners on 18.10.2022 and deal with the same on its own merits and in accordance with law and take a decision within a period of twelve (12) weeks from the date of receipt of a copy of this order. The petitioners are directed to make a fresh representation along with all relevant documents and also a copy of this order. A copy of the representation shall also be sent to the first respondent.
This Writ Petition is disposed of with the above direction. No costs. 03.02.2023 Index : Yes/No Speaking order:Yes/No gm N.ANAND VENKATESH, J 5/6
gm To 1.The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.
2.The Director, Commissionerate of Town Panchayats, Urban Administrative Building, 75, Santhome High Roard, Raja Annamalai Puram, Chennai - 600 028.
Writ Petition No. 2715 of 2023 03.02.2023 6/6