K.Murugan v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. K.Murugan

2. K.V.Pushpal

3. S.Hamsavalli

4. G.Natarajan

5. S.Gomathi

6. M.Kaliaperumal

7. A.Sebastian

8. G.K.S.Venkatakrishnasamy

9. S.Philominathan

10. V.Rajalakshmi

11. A.Arumugam

12. C.Rajamanickam

13. S.Krishnamoorthi

14. G.Krishnan

15. R.Mangammal

16. C.Kaveri

17. T.M.Chinnasamy

18. V.Govindammal

19. R.Vasantha

20. K.M.Mohamad Jagariya

21. P.Kuppammal

22. Arumainathan ... Petitioners -Vs-

1. The Government of Tamil Nadu represented by The Secretary, Finance (P) Department, Fort St.George, Chennai-9.

2. Director of Local Fund Authority, Department Local Fund Authority, Fort St.George, Chennai-9.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus, directing the respondent to extend the implementation of G.O.Ms.No.272, Finance (P) Department dated 15.06.1998 to all the petitioners with all consequential pensionary benefits with arrears.

For Petitioners : No appearance For R1 : Dr.T.Seenivasan Special Government Pleader

ORDER

This Writ Petition has been filed for direction directing the respondents to extend the implementation of G.O.Ms.No.272, Finance (P) Department dated 15.06.1998 to all the petitioners with all consequential pensionary benefits with arrears.

2. There is no representation on behalf of the petitioner. Heard the learned Special Government Pleader for the first respondent and perused the materials available on record.

3. The petitioners are family pensioners and the legal heirs of the pensioners. The Government of Tamil Nadu accepted the recommendation of the Commission and passed orders for giving effect to the recommendation with effect from 01.10.1984 and directed that in the case of Government servants who would be retiring on or after 01.10.1987, the Dearness Allowance sanctioned upto 01.10.1987 shall be reckoned as Dearness Pay for the purpose of pension and based on it, the employees retired on or after 30.09.1987 to 30.06.1990 were allowed to get their pension converted on pay of Dearness Allowance sanctioned upto 01.10.1987. However, it was not given to others who retired after 01.10.1990. The persons who were retired subsequently from 01.01.1988 to 31.12.1995 have been sanctioned only partial Dearness Pay benefits, resulting in Dearness Pay loss. The petitioners had already crossed the age of 70. Now they submitted the representation to revise the pensionary benefits and to extend the same to the petitioners.

4. Therefore, the prayer sought for in this writ petition cannot be considered and this writ petition is devoid of merits and is liable to be

dismissed. Accordingly, this writ petition stands dismissed. There shall be no order as to costs.

29.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To

1. The Secretary, The Government of Tamil Nadu Finance (P) Department, Fort St.George, Chennai-9.

2. Director of Local Fund Authority, Department Local Fund Authority, Fort St.George, Chennai-9.

29.08.2023