Madras High CourtWP/22674/2015disposed of

A.Annamalai v. The Government Of Tamil Nadu,

2015-07-28Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.22674 of 2015

1. A.Annamalai,

2. T.Kannan,

3. A.Nampillai,

4. S.Kodandaraman,

5. R.Govindasamy,

6. K.R.Poovaragavan ... Petitioners Vs.

1.The Government of Tamil Nadu, represented by its Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai -9.

2. The Director of Rural Development Department, Panagal Building, Saidapet, Chennai - 600 015,

3. The District Collector, Villupuram District,

4. The District Collector, Tiruvannamalai District.

... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents herein to pay two increments for the two years training period, in the post held by the petitioners herein as on 30.07.1992 continuously upto the date of retirement of the petitioners and consequently take into account the said increments in the pensionary benefits and in the monthly pension of the petitioners and pay all monetary and other attendant benefits as paid to others through G.O.Ms.No.85 Rural Development and Panchayat Raj Department dated 11.09.2012 and G.O.Ms.No.62 Rural Development and Panchayat Raj Department dated 27.06.2013 in compliance of the order passed in W.P.No.33981 of 2005 and 39046 of 2005 dated 5.7.2011.

For Petitioners : Mr.K.Raja For Respondents : Mr.S.Navaneethan, Addl.Govt.Pleader,

ORDER

This writ petition has been filed by the petitioners seeking a direction to the respondents herein to pay two increments for the two years training period, in the post held by them as on 30.07.1992 continuously upto the date of retirement of the petitioners and consequently take into account the said increments in the pensionary benefits and in the monthly pension of the petitioners and pay all monetary and other attendant benefits as paid to others through G.O.Ms.No.85 Rural Development and Panchayat Raj Department dated 11.09.2012 and G.O.Ms.No.62 Rural Development and Panchayat Raj Department dated 27.06.2013 in compliance of the order passed in W.P.No.33981 of 2005 and 39046 of 2005 dated 5.7.2011.

2. Mr.S.Navaneethan, learned Additional Government Pleader takes notice for respondents.

3. Learned counsel appearing for the petitioner submitted that the relief sought for by the petitioners in this writ petition has to be considered in terms of the earlier order dated 26.6.2015 in W.P.No.18474 of 2015 in an identical matter, wherein, it was held as under:

''2, Taking into account the narrow prayer sought for in the writ petition, the writ petition is disposed of directing the first respondent to pass appropriate orders on the petitioner's representation dated 20-08-2014, relating to payment of two increments for the training period in the post held by the petitioners as on 30-071992 upto the date of retirement of the petitioners and also take into account the same for revising the pensionary benefits in the light of the G.O.Ms.No.85 Rural Development and Panchayat Raj Department dt.11-09-2012 and G.O.Ms.62 Rural Development and Panchayat Raj Department dated 27.06.2013 and also the orders of this Court in W.P.No.33981/2005 and 39046/2005 dated 05-07-2011, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order...''

4. Therefore, in the light of the order dated 26.6.2015 passed in W.P.No.18474 of 2015, the writ petition is disposed of directing the first respondent to pass appropriate orders on the petitioners' representation dated 25-11-2014, relating to payment of two increments for the two years training period in the post held by the petitioners as on 30-07-1992 upto the date of retirement of the

petitioners and also take into account the same for revising the pensionary benefits in the light of the G.O.Ms.No.85 Rural Development and Panchayat Raj Department dt.11-09-2012 and G.O.Ms.62 Rural Development and Panchayat Raj Department dated 27.06.2013 and also the orders of this Court in W.P.No.33981/2005 and 39046/2005 dated 05-07-2011, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/-/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar usk To 1.The Secretary, Rural Development and Panchayat Raj Department, Government of Tamil Nadu, Fort St.George, Chennai -9.

2. The Director of Rural Development Department, Panagal Building, Saidapet, Chennai - 600 015,

3. The District Collector, Villupuram District,

4. The District Collector, Tiruvannamalai District.

+1 cc to Mr.K.Raja,Advocate vide sr.38486 +1 cc to Government Pleader, vide sr.38722 W.P.No.22674 of 2015 gj(co) aa21/08/2015