A.Sampath, v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04-09-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.27974 of 2015 1.A.Sampath 2.S.B.Ananda Vinayagam 3.B.Swaminathan 4.K.Thennavan 5.R.Muralitharan 6.K.Chinnasamy 7.N.R.Narayanan 8.V.Nithiyanandham 9.V.S.Ramachandran 10.R.Moorthy 11.A.C.Karunanidhi 12.G.Purusothaman 13.N.Muthuvelan ... Petitioners Vs
1. The Government of Tamil Nadu Rep. By its Principal Secretary to Government Rural Development & Panchayat Raj Department Fort St. George, Chennai 600 009
2. The Principal Secretary to Government of Tamil Nadu Finance Department Fort St. George, Chennai 9
3. The Commissioner of Rural Development and Panchayat Raj Panagal Buildings, Saidapet Chennai 600 015
4. The Principal Accountant General (A & E) Tamil Nadu, No.361, Anna Salai Chennai 600 018
5. The District Collector (Rural Development Section) Vellore, Vellore District 9.
... Respondents
Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to implement G.O.Ms.No.39, Rural Development and Panchayat Raj Department, dated 13.6.2011, granting pensionary benefit to the petitioners.
For Petitioners : Mr.R.Margabandhu For Respondents : Mr.S.Gunasekaran Government Advocate for RR1 to 3 and 5 Mr.V.Vijayashankar for R4
ORDER
By consent, the writ petition itself is taken up for final disposal.
2.The deponent of the affidavit, who is the first petitioner, would state that all of them were appointed as Part Time Clerks in the services of the local body on consolidated pay and subsequently, their services were regularised and however, pensionary benefits have not been conferred on them on the ground that their period of regular service is less than 10 years and the petitioners, in this regard, have submitted individual representation to the respondents stating among other things, that in terms of G.O.Ms.No.39, Rural Development and Municipal Administration (E5) Department, dated 13.6.2011, 50% of the past services have to be taken into consideration for the purpose of conferring permanent benefits and therefore, prayed for appropriate orders and since no response is forthcoming, they came forward to file this writ petition. 3.
Heard the submissions of Mr.R.Margabandhu, learned Counsel appearing for the petitioners, who would submit that very many writ petitions have been filed and the orders passed in the writ petitions, have also been implemented in G.O.Ms.Nos.77, 80 and 85 of the same Department, dated 12.7.2013, 25.9.2013 and 18.11.2013 respectively, and this Court, in similar facts and circumstances, has also passed orders dated 27.6.2014 and 27.8.2014, in W.P.Nos.23847/2013 and 2697/2014 respectively, by directing the concerned respondent therein to take into consideration the above cited Government Orders and pass orders and hence, prays for similar relief.
4.The Court heard the submissions of Mr.S.Gunasekaran, learned Government Advocate, who accepted notice on behalf of the respondents 1 to 3 and 5, and Mr.V.Vijayashankar, learned Standing Counsel, who accepted notice on behalf of the fourth respondent, also.
5.This Court, in the light of the facts and circumstances, directs the first respondent to consider the petitioners' representations dated 14.8.2015, 17.8.2015, 19.8.2015, 20.8.2015 and 21.8.2015 respectively, on merit and in accordance with law and pass orders thereon within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nsv To:
1. The Principal Secretary to Government Rural Development & Panchayat Raj Department Fort St. George, Chennai 600 009
2. The Principal Secretary to Government of Tamil Nadu Finance Department Fort St. George, Chennai 9
3. The Commissioner of Rural Development and Panchayat Raj Panagal Buildings, Saidapet Chennai 600 015
4. The Principal Accountant General (A & E) Tamil Nadu, No.361, Anna Salai Chennai 600 018
5. The District Collector (Rural Development Section) Vellore, Vellore District 9.
+1cc to Mr.R.Margabandhu, Advocate, S.R.No.48207 +1cc to the Government Pleader, S.R.No.48270 W.P.No.27974 of 2015 GJ(CO) CA(24/09/2015)