G.Palanisamy v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.31269 of 2015 G.Palanisamy ... Petitioner Vs.

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

2 Commissioner of Revenue Administration Chepauk Chennai-600 005.

3 Revenue Divisional Officer Ariyalur Ariyalur District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to grant the petitioner minimum pension based on G.O.Ms.No.756 Revenue Department dated 17.08.1993 based on petitioner representation dated 02.08.2015 and for consequential orders.

For Petitioner : Mr.J.Karunanithi For Respondents : Mr.N.Srinivasan Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner would claim that he has passed the Special Test for Village Munsif during December 1975 and Special Test for Village Karnam during December 1976 and considering his qualification, he was assigned with the work of Village Karnam on temporary basis between 08.01.1979 and 07.04.1979 and he worked at Villupanakuruchi Village, Ariyalur Taluk. The Government has taken a policy decision to abolish the part time post of Village Karnam and Munsif during the year 1980 and thereafter passed G.O.Ms.No.954, Revenue Department, dated 16.10.1997 to enable the former part time Village Officers/ Karnam to work as Village Administrative Officer and admittedly, the

petitioner was appointed as Village Administrative Officer, Thoothoor Village vide proceedings dated 06.09.2001 and worked in that capacity till he attained the age of superannuation on 31.05.2005. The services rendered by the petitioner as Village Administrative Officer for a period of three years, nine months and twenty four days have been regularised. The grievance expressed by the petitioner is that his past services as Village Karnam have to be taken into account and G.O.Ms.No.158, Revenue Department, dated 08.04.2015 would come to his aid and prays for appropriate orders.

3.Heard the submissions of Mr.J.Karunanithi, learned counsel appearing for the petitioner and Mr.N.Srinivasan, learned Additional Government Pleader who accepts notice on behalf of the respondents. 4.Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, permits the petitioner to submit one more representation to the second respondent by enclosing a copy of this order as well as a copy of his earlier representation dated 02.08.2015, within a period of two weeks from the date of receipt of a copy of this order, who on receipt of the same, is directed to consider the said representation on merits and in accordance with law and pass orders within a period of ten weeks thereafter and communicate the decision taken, to the petitioner. 5.The writ petition is disposed of accordingly. No costs. -s/dAssistant Registrar(J) dt:12/10/2015 True Copy Sub-Assistant Registrar pri To 1 The Secretary to Government Revenue Department Secretariat Chennai-600 009.

2 Commissioner of Revenue Administration Chepauk Chennai-600 005.

3 Revenue Divisional Officer Ariyalur Ariyalur District.

+1 cc to M/s.J.Karunanithi Advocate sr.54004 +1 cc to the Government Pleader,High Court Madras sr.54082 W.P.No.31269 of 2015 ala[co] aa13/10/2015