The Government Of Tamilnadu v. A.Sethu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 01-06-2015
CORAM:
THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.A.No.719 of 2015 and M.P.No.1 of 2015 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 of Tamilnadu Finance Department Fort St. George Chennai 9 3 The Commissioner of Rural Development and Panchayat Raj Panagal Building Saidapet Chennai 15 4 The District Collector Dindigul District Dindigul Appellants/Respondents 1 to 4 Vs 1 A.Sethu Deputy Block Development Officer (Retired) 1/78 Rice Mill Street Old Batlagundu Nilakottai Taluk Dindigul District 624 202 2 S.Govindaraj Junior Assistant (Retired) 1-16-25H/66 M.S. Street Gandhi Nagar, Batlagundu Post Nilakottai Taluk, Dindigul District
3 The Principal Accountant General (A & E) Tamil Nadu No.361 Anna Salai Chennai 18 Respondents /Petitioners & 5th Respondent Writ Appeal against the order dated 23-07-2014 in W.P.No.19630 of 2014.
WP.19630/14:Petition praying to issue a writ of certiorarified mandamus or any other appropriate writ, order or direction in the nature of a writ, 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 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, Spl.G.P.
For respondents 1&2 ::
Mr. V. Suthakar
ORDER
The appellant has come forward with this appeal challenging the order dated 23-07-2014 passed by the learned Single Judge in W.P.No.19630 of 2014, directing the respondents to calculate and issue orders granting pension and other benefits, within a specified period.
2.
On a perusal of the impugned order dated 23-07-2014, it is evident that the learned Single Judge, passed the order on the submission made by the learned Additional Government Pleader appearing in the matter, stating that the judgment rendered in W.P.Nos.2387, 26583, 26785 and 28878 of 2013 dated 27-06-2014 can be applied to the respondents herein. As such, we are not inclined to entertain the appeal, at this stage. However, liberty is reserved to the appellant, to prefer review, if so advised and as permissible under provisions of law.
3.
The writ appeal is dismissed as above. No costs. The connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar
To 1 The Principal Secretary to Government Government of Tamilnadu Rural Development and Panchayat Raj Department Fort St. George ,Chennai 9 2 The Principal Secretary to Government of Tamilnadu Finance Department Fort St. George Chennai 9 3 The Commissioner of Rural Development and Panchayat Raj Panagal Building Saidapet Chennai 15 4 The District Collector Dindigul District Dindigul 5 The Principal Accountant General (A & E) Tamil Nadu No.361 Anna Salai Chennai 18 +1 cc to Mr.v.suthakar, Advocate,SR.25968.
sai(co) krd 4/6 W.A.No.719 of 2015 and M.P.No.1 of 2015