E.Mahalakshmi v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08/04/2022 C O R A M THE HON'BLE MR.JUSTICE S.VAIDYANATHAN A N D THE HON'BLE MRS.JUSTICE N.MALA WRIT APPEAL NO.961 OF 2021 E.Mahalakshmi ... Appellant Vs

1. The State of Tamil Nadu rep. By its Secretary to the Government Health Department Government of Tamil Nadu Fort St. George Chennai 600 009.

2. The Director of Medical Educations E.V.R.Periyar Salai Kilpauk Chennai 600 010.

3. Government K.G.Hospital for Women and Children rep by its Director Triplicane Chennai 600 005.

... Respondents PRAYER:

Appeal filed under Clause 15 of the Letters Patent to set aside the order, dated 24/11/2020, made in W.P.No.15357 of 2014.

Prayer in W.P.No.15357 of 2014:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd respondent to forward the correct qualifying years of service of the petitioner to the AGS Office for the purpose of pension in line with G.O.Ms.No.408 dated 25.08.2009, and pay the consequential benefits.

For Appellant ... Mr.L.Dhamodharan For Respondents ...

Mr.Stalin Abhimanyu Additional Government Pleader

J U D G M E N T

S.VAIDYANATHAN,J AND N.MALA,J Aggrieved by the order of the learned Single Judge in rejecting the claim of the writ petitioner, on 24/11/2020, in W.P.No.15357 of 2014, the present writ appeal has been preferred.

2. The learned Single Judge has observed that the petitioner even though has joined the services in the year 1977 and regularised in 1984, no materials have been produced before this Court, seeking the benefit of G.O.Ms.No.408 dated 28/5/2009. According to the writ petitioner, she has made a representation while in service and however, she approached this Court, after four years of retirement. The respondents would submit that no records were available.

Even though, G.O.Ms.No.408 dated 25/8/2009 is applicable to the petitioner, as there is an enormous delay in claiming the benefit, apart from the fact that two communications said to have been not received, no relief could be granted to the writ petitioner and the learned Single Judge has rightly rejected the writ petition.

3. Heard Mr.L.Dhamodharan, learned counsel for the appellant and Mr.Stalin Abhimanyu, learned Additional Government Pleader for the respondents.

4. The fact that the writ petitioner had joined the services in 1977 and G.O.Ms.No.408 dated 25/8/2000 is applicable to the petitioner and that 50% of the services rendered as daily rated and provincialized service need to be taken into account for the purpose of pension, as there is a delay and that the petitioner has approached this Court in 2014 and that the pension is a continuous course of action, we are inclined to modify the order of the learned Single Judge and restrict the claim of pension alone only from the date of the writ petition and dispose of the appeal. Four months time is granted to the respondents to calculate and pay the arrears of pension due to the petitioner by taking into 50% of services rendered as daily rated, based on G.O.Ms.No.408 dated 25/8/2009.

5. In the result, writ appeal is ordered accordingly. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mvs.

To

1. The Secretary to the Government State of Tamil Nadu, Health Department Government of Tamil Nadu, Fort St. George, Chennai 600 009.

2. The Director of Medical Educations E.V.R.Periyar Salai, Kilpauk, Chennai 600 010.

3. The Director Government K.G.Hospital for Women and Children Triplicane Chennai 600 005.

+1cc to Mr.L.Dhamodharan, Advocate, S.R.No.24469 Writ Appeal No.961 of 2021 KV(CO) RLP(05/05/2022)