The Government Of Tamilnadu v. B.Chinnasamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 4.10.2017
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.1200 of 2017 and C.M.P.No.16994 of 2017 1 The Government of Tamilnadu Rep by its Principal Secretary to Government Rural Development and Panchayat Raj Department Fort St. George Chennai 9 2 The Principal Secretary to Government Finance Department Fort St. Geroge Chennai 9 3 The Commissioner of Rural Development and Panchayat Raj Panagal Building Saidapet Chennai 15 4 The District Collector Dharmapuri District Dharmapuri Appellants/Resppondents 1 to 4
Versus
1 B.Chinnasamy 2 The Principal Accountant General (A & E) Tamil Nadu No.361 Anna Salai Chennai 18 Respondents/Petitioner 5th Respondent Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 26.11.2014 passed in W.P.No.30946 of 2014 on the file of this court. Petition filed under Article 226 of the constitution of India praying to issue a writ of certiorari fied mandamus to To call for the records pertaining to paragraph 4(b) of G.O.Ms.No.77 Rural Development and Panchayat Raj (PA4) Department dated 12.07.2013 of the first respondent and quash the same in so far it relates to the petitioner and further direct the respondents to count 50% of the services rendered by the petitioners in the post of part time Panchayat Clerk from 1.1.1981 till 22.1.1993 along with
regular service for the purpose of pension in accordance with G.O.Ms. No.39 Rural Development Department and Panchayat Raj dated 13.06.2011 For appellant : Mr.P.S.Sivashanmugasundaram, Special Government Pleader For R1 : Mr.V.Suthakar
JUDGMENT
(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellant and Mr.V.Suthakar, learned counsel, who takes notice on behalf of the first respondent.
2. The writ appeal is filed challenging the order passed by the learned Single Judge allowing the writ petition filed by the first respondent herein seeking a relief of a direction to the appellants to count 50% of the services rendered by the first respondent herein in the post of part time Panchayat Clerk for the purpose of pension.
3. It is brought to the notice of this court that the issue involved in this case is covered by the decision of this court in W.A.No.571 of 2017 dated 1.6.2017 wherein the authority concerned was directed to calculate and issue order granting pension and other benefits, within a period of three months and to implement the same within a period of one month thereafter. Therefore, this writ appeal is also disposed of on the same lines. No costs. The connected miscellaneous petition is closed.
Ssk Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To:
1 The Principal Secretary to Government of Tamil Nadu, Rural Development and Panchayat Raj Department Fort St. George Chennai 9 2 The Principal Secretary to Government Finance Department Fort St. Geroge Chennai 9
3 The Commissioner of Rural Development and Panchayat Raj Panagal Building Saidapet Chennai 15 4 The District Collector Dharmapuri District Dharmapuri 5 The Principal Accountant General (A & E) Tamil Nadu No.361 Anna Salai Chennai 18 +1 CC to Government Pleader Side SR.71418 W.A.No.1200 of 2017 GJ MLT 13/11/2017