G.Achiyammal v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2023 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.1777 of 2020 G. Achiyammal ... Petitioner Vs.
1. The Secretary to Government Municipal Administration & Water Supply Department, Fort.St.George, Chennai.
2. The Director of Municipal Administration Urban Administration Buildings, M.R.C.Nagar, Chennai 600 028.
3. The Director of Local Fund Audit Integrated Complex for Finance Department Animal Husbandry Hospital Campus, Nandanam, Chennai 600 035.
4. The Commissioner Thiruvarur Municipality, Thiruvarur District.
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5. The Assistant Director of Local Fund Audit Integrated Complex for Finance Department Animal Husbandry Hospital Campus, Nandanam, Chennai 600 035.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus to call for the records in pursuant to the 1st impugned order issued by the 5th respondent in proceedings Mu.Mu.No.15552/Na.O.Sa (1)/2018 dated 19.12.2018 and the 2nd impugned order issued by the 3rd respondent in Proceeding Mu.Mu.No.8806/Na.O.Sa.(1)/2019 dated 10.06.2019 and quash these orders and consequently direct the respondents to grant pension and other pensionary benefits to the petitioner under the Tamil Nadu Pension Rules 1978 with interest at the rate of 12% per annum with effect from the date of petitioner's retirement on 31.03.2018 with all consequential service and monetary benefits.
For Petitioner :
Mr.R.Prem Narayan For Respondents :
Mr.S.Silambannan Additional Advocate General Asst.by Mr.T.Chezhiyan Addl.Govt. Pleader for R1 to R3 & R5 Mr.T.Chezhiyan Additional Government Pleader for R4 Page No.2 of 7
O R D E R
The present Writ Petition has been filed for issuance of a Writ of Certiorarifed Mandamus to quash the 1st impugned order issued by the 5th respondent in proceedings Mu.Mu.No.15552/Na.O.Sa (1)/2018 dated 19.12.2018 and the 2nd impugned order issued by the 3rd respondent in Proceeding Mu.Mu.No.8806/Na.O.Sa.(1)/2019 dated 10.06.2019 and consequently direct the respondents to grant pension and other pensionary benefits to the petitioner under the Tamil Nadu Pension Rules 1978 with interest at the rate of 12% per annum with effect from the date of petitioner's retirement on 31.03.2018 with all consequential service and monetary benefits.
2. It is the case of the petitioner that she was initially appointed as NMR on daily wages on full time basis on 01.09.1995. Based on G.O.Ms.No.125 Municipal Administration & Water Supply Department dated 27.05.1999 the petitioner was appointed as Junior Assistant on consolidated pay. Subsequently, her service was evaluated and were found to be satisfactory and her services were regularised by bringing her into regular Page No.3 of 7
time scale of pay with effect from 22.06.2002. The petitioner retired from service as Assistant in Thiruvarur Municipality on attaining the age of superannuation on 31.03.2018. The 3rd and 5th respondents issued the impugned orders refusing to grant pension to the petitioner under the Tamil Nadu Pension Rules 1978. Hence, the present Writ Petition.
3. Today when the matter was taken up for hearing, the learned Additional Advocate General - II Assisted by Mr.T.Chezhiyan, learned Additional Government Pleader furnished a copy of the letter (3P) No.02, dated 08.03.2023 of the Municipal Administration & Water Supply Department, Fort St.George, Chennai addressed to the Director of Local Fund Audit, Chennai and the relevant paragraphs 9 & 10 of the said letter are worth extracting.
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4. In view of the above, this writ petition is disposed of and the pension arrears consequent to the order passed by the first respondent dated 08.03.2023 shall be settled to the petitioner within a period of six months from the date of receipt of a copy of this order. No costs. 27.07.2023 (8/10) dpq Index :
Yes/No Speaking Order :
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To:
1. The Secretary to Government Municipal Administration & Water Supply Department, Fort.St.George, Chennai.
2. The Director of Municipal Administration Urban Administration Buildings, M.R.C.Nagar, Chennai 600 028.
3. The Director of Local Fund Audit Integrated Complex for Finance Department Animal Husbandry Hospital Campus, Nandanam, Chennai 600 035.
4. The Commissioner Thiruvarur Municipality, Thiruvarur District.
5. The Assistant Director of Local Fund Audit Integrated Complex for Finance Department Animal Husbandry Hospital Campus, Nandanam, Chennai 600 035.
J. SATHYA NARAYANA PRASAD, J.
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