K.Palanisamy v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Palanisamy ... Petitioner Vs.
1 THE STATE OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI - 600 009.
2 THE COMMISSIONER OF REVENUE ADMINISTRATION, CHEPAUK, CHENNAI - 600 005.
3 THE DISTRICT COLLECTOR, SALEM DISTRICT, SALEM.
4 THE TAHSILDAR, SALEM TALUK, SALEM.
5 THE PRINCIPAL ACCOUNTANT GENERAL (A&E) TAMIL NADU, O/o.THE PRINCIPAL ACCOUNTANT GENERAL, 361, ANNA SALAI, TEYNAMPET, CHENNAI - 600 018.
... Respondents 1/6
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the third respondent in Na.Ka.No.e521223/2023/A5 dated 01.08.2023 and to quash the same and consequently directing the respondents to grant minimum pension to the petitioner in the post of Village Administrative Officer as per G.O.Ms.No.756 Revenue [Service 8(2)] Department dated 17.08.1993 by counting the period of service from 01.04.1980 till date of retirement with all consequential and other attendant benefits, including arrears of pensionary benefits along with reasonable interest from the date of retirement.
For Petitioner : Mr.G.Sankaran Senior Counsel for M/s.S.Nedunchezhiyan For Respondents : Mr.K.Surendran for R1 to R4 Additional Government Pleader Mr.Manorajan for R5
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the third respondent in Na.Ka.No.e521223/2023/A5 dated 01.08.2023 and to quash the same and consequently directing the respondents to grant minimum pension to 2/6
the petitioner in the post of Village Administrative Officer as per G.O.Ms.No.756 Revenue [Service 8(2)] Department dated 17.08.1993 by counting the period of service from 01.04.1980 till date of retirement with all consequential and other attendant benefits, including arrears of pensionary benefits along with reasonable interest from the date of retirement.
2.The learned Senior Counsel appearing for the petitioner submitted that the petitioner was initially appointed as Village Munsif during the year 1978 in Ayothiyapattinam Village, Salem District and the said post was abolished on 14.11.1980 as per Tamil Nadu Ordinance 10/1980 followed by Tamil Nadu Act 3/1981 and the petitioner lost the job. The petitioner was thereafter appointed as Village Administrative Officer on 26.01.2006 and he retired from service on 30.09.2011 on attaining the age of superannuation. The learned Senior Counsel further submitted that as per G.O.Ms.No.756 Revenue [Service 8(2)] Department dated 17.08.1993, the petitioner is entitled for minimum pension and further submitted that the Government issued G.O.Ms.No.665, Revenue Department, dated 10.12.2010 granting minimum pension for some of the similarly situated persons, however, the petitioner's claim was not considered. 3/6
3.The learned Additional Government Pleader appearing for the respondents 1 to 4 submitted that the Government issued orders in G.O.Ms.No.665, Revenue Department, dated 10.12.2010 and G.O.Ms.No.148 dated 20.04.2011 granting minimum pension to similarly situated persons and hence, this Court may without going into the merits of the case, set aside the impugned order and remand the matter back to the third respondent.
4.Heard the arguments advanced on either side and perused the materials available on record.
5.The petitioner was initially appointed as Village Munsif during the year 1978 in Ayothiyapattinam Village, Salem District and the said post was abolished on 14.11.1980 as per Tamil Nadu Ordinance 10/1980 followed by Tamil Nadu Act 3/1981 and the petitioner lost the job. The petitioner was thereafter appointed as Village Administrative Officer on 26.01.2006 and he retired from service on 30.09.2011 on attaining the age of superannuation. 6.Perusal of records reveal that the Government had issued 4/6
orders in G.O.Ms.No.665, Revenue Department, dated 10.12.2010 and G.O.Ms.No.148, dated 20.04.2011 granting minimum pension to similarly situated persons.
7.In view of the above, this Court without expressing any opinion on the merits of the case, set aside the order issued by the third respondent in Na.Ka.No.e- 521223/2023/A5 dated 01.08.2023 and remand the matter back to the third respondent. The third respondent is directed to consider the matter afresh, in terms of G.O.Ms.No.665, Revenue Department, dated 10.12.2010 and G.O.Ms.No.148, dated 20.04.2011 and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order. 8.The writ petition is allowed. No costs.
01.12.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 5/6
M.DHANDAPANI,J.
pri To 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI - 600 009.
2 THE COMMISSIONER OF REVENUE ADMINISTRATION, CHEPAUK, CHENNAI - 600 005.
3 THE DISTRICT COLLECTOR, SALEM DISTRICT, SALEM.
4 THE TAHSILDAR, SALEM TALUK, SALEM.
5 THE PRINCIPAL ACCOUNTANT GENERAL (A&E) TAMIL NADU, O/o.THE PRINCIPAL ACCOUNTANT GENERAL, 361, ANNA SALAI, TEYNAMPET, CHENNAI - 600 018.
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