K.Peroumal, v. The Director Of Accounts And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2018
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.2930 of 2011 and M.P.No.2 of 2011
1. K.Peroumal
2. R. Arumugam
3. R.Pattabiraman
4. D.Jayakumar
5. S.Ramalingam
6. C.Sankar
7. M.Pachayappan
8. G.Punniamoorthy
9. P.Sandirane 10.S.Vairakkannu 11.G.Koumar 12.A.Oudayaradja 13.L.Ambert Joseph 14.S.Karunagaran 15.V.Thirumaran 16.K.Karunanithi 17.S.Govindaradjou 18.V.Soupramaniane 19.C.Essoudasse 20.P.Pannirselvame 21.K.Raguraman @ Ramachandirane 22.S.Viswanathan 23.B.Krishnaraj 24.M.Djeasankar 25.A.Sivaprakash 26.N.Umasankar .. Petitioners Vs.
1. The Director of Accounts and Treasuries, Government of Puducherry, Puducherry.
2. The Secretary, Legislative Assembly Secretariat, Puducherry.
3. The Editor of Debates, Legislative Assemble Secretariat, Puducherry.
.. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus to call for the records relating to the impugned order of the first respondent in No.85404/DAT/NPS/2010/313, dated 30.07.2010 and quash the same and direct the respondents to refrain from operating the New Pension Scheme to the petitioners and consequently direct the respondents to grant the benefit of Old Pension Scheme to them and to deduct GPF subscription on par with other Government Employees on the basis of the past service rendered by them.
For Petitioner : Mr.P.Rajendran For 1st to 3rd Respondents : Mr.B.Balavijayan Government Advocate (P)
O R D E R
The present Writ Petition has been filed for issuance of Writ of Mandamus to call for the records relating to the impugned order of the first respondent in No.85404/DAT/NPS/2010/313, dated 30.07.2010 and quash the same and direct the respondents to refrain from operating the New Pension Scheme to the petitioners and consequently direct the respondents to grant the benefit of Old Pension Scheme to them and to deduct GPF subscription on par with other Government Employees on the basis of the past service rendered by them.
2. The learned Government Advocate appearing for the respondents has fairly submitted before this Court by relying upon the communication letter dated 17.11.2018 issued by the Government of Puducherry, Directorate of Accounts and Treasuries, wherein, it has been stated that Directorate is inclined to accept decisions taken by the High Court, in similar cases. Therefore, in similar cases, the Department has considered and granted relief to the petitioners in view of regularizing the petitioners as temporary staff of the Department concerned.
3. Recording the aforesaid communication, the impugned order passed by the first respondent in No.85404/DAT/NPS/2010/313, dated 30.07.2010 is quashed and directed to consider the petitioner's request to grant the benefit of old pension scheme in the light of the written communication dated 17.11.2018 placed before this Court and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order.
4. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar asi To
1. The Director of Accounts and Treasuries, Government of Puducherry, Puducherry.
2. The Secretary, Legislative Assembly Secretariat, Puducherry.
3. The Editor of Debates, Legislative Assemble Secretariat, Puducherry.
+1cc to Mr.P.Rajendran, Advocate SR.No.79287 +1cc to Government Pleader SR.No.79262 W.P.No.2930 of 2011 and M.P.No.2 of 2011 RK(CO) GMY(13/12/2018)