Madras High CourtWP/7866/2015disposed of

S.Bhima Rao, v. The Government Of Tamil Nadu

2023-10-30Honourable Dr Justice D.Nagarjun5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2023

CORAM:

THE HONOURABLE DR. JUSTICE D.NAGARJUN S.Bhima Rao

...Petitioner

Vs 1.

Government of Tamil Nadu, Rep. by its the Secretary to the Government, Revenue Department, Secretariat, Chennai - 600 009.

The Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

The District Collector, Krishnagiri.

The Director of Surveyor and Settlement, Chepauk, Chennai - 600 005.

The Assistant Director of Survey and Land Records, Krishnagiri.

The Accountant General (A&E), Tamil Nadu, Chennai 600 018.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to take into 1/5

account the services of the petitioner from 03.02.1984 to 20.12.1989 as Section Writer on daily wage basis and from 21.12.1989 to 21.11.1995 as Field Surveyor in Survey and Land Records Department on consolidated monthly basis along with the regular service in the Revenue Department from 22.11.1995 to 31.12.2014 to reckon with the total qualifying service for pension, and on the eve of his retirement from service to consequently revise the retirement and pensionary benefits and to grand the same. For petitioner :

Mr. M.Ravi For R1 to R5 :

Ms.M.Jayanthy Additional Government Pleader For R6 :

Mr.S.Balaji

ORDER

This writ petition has been filed seeking a direction to the respondents to take into account the services of the petitioner from 03.02.1984 to 20.12.1989 as Section Writer on daily wage basis and from 21.12.1989 to 21.11.1995 as Field Surveyor in Survey and Land Records Department on consolidated monthly basis along with the regular service in the Revenue Department from 22.11.1995 to 31.12.2014 to reckon the total qualifying service for pension, and to consequently revise the retirement and pensionary benefits.

2/5

The learned counsel appearing for the sixth respondent would submit that subsequent to filing of the writ petition, the request of the petitioner was considered and 50% of the qualifying service was included for the purpose of pensionary benefits and accordingly, proceedings were issued.

The learned counsel appearing for the sixth respondent has also filed a copy of the authorization given to the Accountant General Office. Since the purpose has already been fulfilled by including the petitioner's 50% of qualifying service while calculating his pension, further order cannot be passed as the writ petition has become infructuous. Accordingly, this writ petition is dismissed as having become infructuous. No costs.

30.10.2023 Internet:Yes Index:Yes/No vca 3/5

Dr.D.NAGARJUN.J, vca To 1.

The Secretary to the Government, Revenue Department, Secretariat, Chennai - 600 009.