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Madras High CourtWP/10385/2019disposed of

V.Navaneetham v. The Government Of Tamil Nadu

2022-11-29Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mrs.V.Navaneetham ... Petitioner Vs.

1.The Government of Tamil Nadu Rep. by its Secretary to Government Rural Development & Panchayat Raj, Department, Fort St. George, Chennai 600 009.

2.The Commissioner of Rural Development and Panchayat Raj Department Panagal Building Saidapet, Chennai 600 015.

3.The District Collector, Vellore District, Vellore.

4.The Principal Accountant General (A & E) Tamil Nadu No.361 Anna Salai Chennai 600 018.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to count two years Rural Welfare officer training period undergone by the petitioners husband P.Vethapuri, retired Additional Block Development Office,

Kaveripakkam, Vellore, for increment and grant increment in the posts in which they were holding as on 30.07.1992 as per G.O.Ms.No.85 Rural Development and Panchayat (PA4) Department dated 11.09.2012 and consequently re-fix the pay and pension / family pension together with arrears of pay and pension / family pension.

For Petitioner : Mr.K.S.Viswanathan For R1 to R3 : Mrs.E.Indhumathi Government Advocate For R4 : Mrs.J.Sreevidya

O R D E R

The relief sought for in the present writ petition is to direct the respondents to count two years Rural Welfare officer training period undergone by the petitioner's husband P.Vethapuri, retired Additional Block Development Office, Kaveripakkam, Vellore, for increment and grant increment in the posts in which they were holding as on 30.07.1992 as per G.O.Ms.No.85 Rural Development and Panchayat (PA4) Department dated 11.09.2012 and consequently, re-fix the pay and pension / family pension together with arrears of pay and pension / family pension.

2. With reference to the grievances raised in the present writ petition

the Government itself considered the same and passed an order in G.O.Ms.No.85 Rural Development and Panchayat (PA4) Department dated 11.09.2012. The said Government order was issued based on the judgment delivered in W.P.No.39046 of 2005. Pursuant to the Government order, the Director of Rural Development and Panchayat Raj Department, Chennai in letter ROC.No.51522/2015/C2 dated 28.12.2015 informed that the following decisions were taken in the meeting with Finance Secretary on 04.11.2015 to avoid further litigations in this regard. (1)"Cases of similarly placed persons covered in various judgments can can be considered, if they furnish sufficient proof for their employment without approaching Court.

(2)Cases of those individuals who have already approached Court can also be considered if they furnish sufficient proof. In such cases, instead of filing Reply Affidavit, Court may be informed of the action taken by the Department to settle the issue. (3)Cases of those individuals who have furnish sufficient proof and withdraw the Court case may also be considered. (4)In all such cases, the department should satisfy the correctness of the proof furnished by the individuals, process and settle the issue."

3. In view of the Government order and the consequential decision taken by the Director of Rural Development and Panchayat Raj Department, Chennai, the case of the writ petitioner is to be considered accordingly, Since the petitioner also approached this Court by way of filing the present writ petition.

4. Accordingly, the respondents are directed to consider the case of the writ petitioner and take a decision and pass appropriate order within a period of 12 weeks from date of receipt of a copy of this order.

5. With the above directions, the Writ petition stands disposed of. No costs.

29.11.2022 Jeni Index : Yes Speaking order To 1.The Government of Tamil Nadu Rep. by its Secretary to Government Rural Development & Panchayat Raj, Department, Fort St. George, Chennai 600 009.

2.The Commissioner of Rural Development and Panchayat Raj Department Panagal Building Saidapet, Chennai 600 015.

3.The District Collector, Vellore District, Vellore.

4.The Principal Accountant General (A & E) Tamil Nadu No.361 Anna Salai Chennai 600 018.

S.M.SUBRAMANIAM, J.

Jeni 29.11.2022