T.Nagarajan v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2023 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.3484 of 2020 and WMP.No.4062 of 2020 T. Nagarajan ... 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 Tharapuram Municipality, Tharapuram Thiruppur District.
Page No.1 of 7
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.33804/Na.O.Sa(1)/2018 dated 07.03.2019 and quash the order 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 30.04.2018 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 impugned order issued by the 5th respondent in proceedings Mu.Mu.No.33804/Na.O.Sa (1)/2018 dated 07.03.2019 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 30.04.2018 with all consequential service and monetary benefits.
2. It is the case of the petitioner that he was initially appointed as NMR (Substitute Worker) on daily wages in the 4th respondent Municipality on full time basis on 27.10.1993. Based on G.O.Ms.No.101 Municipal Administration and Water Supply Department dated 30.04.1997 & G.O.Ms.No.71 Municipal Administration & Water Supply Department dated 05.05.1998, the petitioner was appointed as Sanitary Worker in a regular sanctioned post on a consolidated pay of Rs.1500/- vide orders of the Commissioner of Tharapuram Municipality dated 01.07.1999. In pursuant Page No.3 of 7
to the orders of Commissioner of Municipal Administration dated 15.05.2001, the Commissioner of Tharapuram Municipality issued order dated 23.05.2001 absorbing the petitioner in the sanctioned permanent post of Sanitary Worker by bringing him into regular time scale of pay of Rs.2550-55-2660-3200. The petitioner retired from service on attaining the age of superannuation on 30.04.2018. The 5th respondent 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.
Page No.4 of 7
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. Consequently connected miscellaneous petition is also closed. 01.08.2023 dpq Index :
Yes/No Speaking Order :
Yes/No Page No.5 of 7
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 Tharapuram Municipality, Tharapuram Thiruppur District.
5. The Assistant Director of Local Fund Audit Integrated Complex for Finance Department Animal Husbandry Hospital Campus, Nandanam, Chennai 600 035.
Page No.6 of 7
J. SATHYA NARAYANA PRASAD, J.
dpq Writ Petition No.3484 of 2020 01.08.2023 Page No.7 of 7