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Madras High CourtWP/5609/2024disposed of

P.Bhadusha Mohideen, v. State Of Tamilnadu,

2024-03-05Honourable Mr Justice G.K. Ilanthiraiyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.No.5609 of 2024 P.Bhadusha Mohideen ... Petitioner Vs.

1.State of Tamilnadu, Rep. By its Principal Secretary to Government, Personnel and Administrative Reforms Department, Fort St.George, Secretariat, Chennai 600 009 2.State of Tamilnadu, Rep. By its Principal Secretary to Government, Finance Department, Fort St.George, Secretariat, Chennai 600 009 3.State of Tamilnadu, Rep. By its Principal Secretary to Government, Revenue & Disaster Department, Fort St.George, Secretariat, Chennai 600 009 4.The District Collector, Salem District, Salem 5.The Tahsildar, Salem South, Salem District, 1/8

Salem ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the respondents to include the Petitioner in the Old Pension Scheme under the Tamil Nadu Pension Rules, 1978 by taking into account of the service of the Petitioner as on the date of the Government Order in G.O.Ms.No.209 P & AR Department dated 23.11.2001 for the purpose of extension of pensionary benefits from 09.04.1991 to 30.06.1992 in consideration of the representation submitted by the petitioner dated 01.11.2023 with all consequential and other attendant benefits within a time frame to be fixed by this Court.

For Petitioner : Mr.G.Sankaran, Senior Counsel for Mr.S.Nedunchezhiyan For Respondents For R1 : Mrs.R.L.Karthika, Government Advocate For R2 : Mr.U.M.Ravichandran, Special Government Pleader For R3,4&5 : Mr.R.Vigneswaran, Government Advocate 2/8

WP.No.5613 of 2024 A.Sugavanam ... Petitioner Vs.

1.State of Tamilnadu, Rep. By its Principal Secretary to Government, Personnel and Administrative Reforms Department, Fort St.George, Secretariat, Chennai 600 009 2.State of Tamilnadu, Rep. By its Principal Secretary to Government, Finance Department, Fort St.George, Secretariat, Chennai 600 009 3.State of Tamilnadu, Rep. By its Principal Secretary to Government, Registration Department, Fort St.George, Secretariat, Chennai 600 009 4.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai 600 028 5.The District Registrar, Office of District Registrar, North Chennai, Kuralagam, Chennai 600 108 ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the respondents to include 3/8

the Petitioner in the Old Pension Scheme under the Tamil Nadu Pension Rules, 1978 by taking into account of the service of the Petitioner as on the date of the Government Order in G.O.Ms.No.209 P & AR Department dated 23.11.2001 for the purpose of extension of pensionary benefits from 21.06.1991 to 30.11.2023 in consideration of the representation submitted by the petitioner dated 30.11.2023 with all consequential and other attendant benefits within a time frame to be fixed by this Court.

For Petitioner : Mr.G.Sankaran, Senior Counsel for Mr.S.Nedunchezhiyan For Respondents For R1 : Mrs.R.L.Karthika, Government Advocate For R2 : Mr.U.M.Ravichandran, Special Government Pleader For R3,4&5 : Mr.Neethi Perumal, Government Advocate COMMON ORDER The writ petition in WP.No.5609 of 2024 has been filed for direction to the respondents to include the Petitioner in the Old Pension Scheme under the Tamil Nadu Pension Rules, 1978 by taking into 4/8

account of the service of the Petitioner as on the date of the Government Order in G.O.Ms.No.209 P & AR Department dated 23.11.2001 for the purpose of extension of pensionary benefits from 09.04.1991 to 30.06.1992 in consideration of the representation submitted by the petitioner dated 01.11.2023 with all consequential and other attendant benefits within a time frame to be fixed by this Court; and the writ petition in WP.No.5613 of 2024 has been filed for direction to the respondents to include the Petitioner in the Old Pension Scheme under the Tamil Nadu Pension Rules, 1978 by taking into account of the service of the Petitioner as on the date of the Government Order in G.O.Ms.No.209 P & AR Department dated 23.11.2001 for the purpose of extension of pensionary benefits from 21.06.1991 to 30.11.2023 in consideration of the representation submitted by the petitioner dated 30.11.2023 with all consequential and other attendant benefits within a time frame to be fixed by this Court.

2. Without expressing any opinion on merits of the writ petitions, the respondents are directed to consider the representation of the petitioners dated 01.11.2023 and 30.11.2023 respectively seeking to 5/8

include the petitioners in the Old Pension Scheme under the Tamil Nadu Pension Rules, 1978 by taking into account of the service of the Petitioner as on the date of the Government Order in G.O.Ms.No.209 P & AR Department dated 23.11.2001 for the purpose of extension of pensionary benefits from 09.04.1991 to 30.06.1992 and from 21.06.1991 to 30.11.2023 respectively with all consequential and other attendant benefits and to pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order. 3.

With the above direction, both the writ petitions are disposed of. There shall be no order as to costs.

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1.Principal Secretary to Government, State of Tamilnadu, Personnel and Administrative Reforms Department, Fort St.George, Secretariat, Chennai 600 009 2.Principal Secretary to Government, State of Tamilnadu, Finance Department, Fort St.George, Secretariat, Chennai 600 009 3.Principal Secretary to Government, State of Tamilnadu, Revenue & Disaster Department, Fort St.George, Secretariat, Chennai 600 009 4.The District Collector, Salem District, Salem 5.The Tahsildar, Salem South, Salem District, Salem 6.Principal Secretary to Government, State of Tamilnadu, Registration Department, Fort St.George, Secretariat, Chennai 600 009 7.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai 600 028 8.The District Registrar, Office of District Registrar, North Chennai, Kuralagam, Chennai 600 108 G.K.ILANTHIRAIYAN, J.

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