K.Kullammal 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.1780 of 2020 K. Kullammal ... 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 Athur Municipality, Athur, Salem 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 impugned order issued by the 5th respondent in proceedings Mu.Mu.No.34869/Na.O.Sa (2)/2016 dated 24.11.2017 and quash the same 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 her retirement on 30.06.2016 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
O R D E R
The present Writ Petition has been filed for issuance of a Writ of Certiorarifed Mandamus to quash the impugned order issued by the 5th Page No.2 of 7
respondent in proceedings Mu.Mu.No.34869/Na.O.Sa (2)/2016 dated 24.11.2017 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 30.06.2016 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 (Substitute Sanitary Worker) in the 4th respondent Municipality on full times basis in February 1988. Based on G.O.Ms.No.101 Municipal Administration & Water Supply Department dated 30.04.1997 & based on G.O.Ms.No.71 Municipal Administration and Water Supply Department dated 05.05.1998, the petitioner was appointed as Sanitary Worker on consolidated pay in the 4th respondent Municipality on 22.05.1998. Subsequently, her service was evaluated and were found to be satisfactory and her services were regularised by bringing her into regular time scale of pay with effect from 22.05.1999. The petitioner retired from service as Sanitary Worker in Athur Municipality on attaining the age of Page No.3 of 7
superannuation on 30.06.2016. The 5th respondent issued the impugned order 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 (7/10) 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 Athur Municipality, Athur, Salem District.
5. The Assistant Director of Local Fund Audit Integrated Complex for Finance Department Animal Husbandry Hospital Campus, Nandanam, Chennai 600 035.
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J. SATHYA NARAYANA PRASAD, J.
dpq Writ Petition No.1780 of 2020 (7/10) 27.07.2023 Page No.7 of 7