Mr. R. Senthilmurugan v. State Of Tamil Nadu

In the High Court of Judicature at Madras Dated: 15.10.2015 Coram The Honourable Mr.JUSTICE M.SATHYANARAYANAN Writ Petition No.33188 of 2015 Mr.R.Senthilmurugan .... Petitioner Vs.

1. State of Tamil Nadu rep. by its Secretary, Finance Department, Fort St. George, Secretariat, Chennai - 600 009.

2. State of Tamil Nadu rep. by its Secretary, Personnel & Administrative Reforms Department, Fort St. George, Secretariat, Chennai - 600 009.

3. The Secretary, Tamil Nadu Public Service Commission, Frazar Bridge Road, VOC Nagar, Park Town, Chennai - 600 006.

4. The Accountant General (A&E), No.361, Anna Salai, Teynampet, Chennai - 08.

.... Respondents PETITION under Article 226 of The Constitution of India praying for issuance of Writ of Mandamus directing the respondent No.1 to enroll the petitioner under the General Provident Fund Scheme by allotting a GPF A/c number by taking note of the petitioner's recruitment prior to 01.04.2003 within the time stipulated by this Court.

For Petitioner : Mr.K.Thilageswaran For Respondents : Mr.N.Srinivasan, AGP - R1 and R2 Ms.C.N.G.Niraimathi - R3 Mr.V.Vijayashankar - R4 ----------

O R D E R

By consent, the Writ Petition is taken up for final disposal.

2. The petitioner was selected by the Tamil Nadu Public Service Commission for Group IV service during the year 19992000 based on the main examination held on 06.02.2000. The petitioner was informed that he was allotted to the Revenue Unit, Thiruvannamalai District. When he went and join, he was asked to await for posting order of the District Collector, Thiruvannamalai. Subsequently, he was informed that he could not be posted in the Revenue Department, Thiruvannamalai District due to want of vacancy and re-allotment order would be issued. However, the said order came to be issued only on 23.12.2003 by the third respondent re-allotting the petitioner to the Treasuries and Accounts Department, Chennai and gave the posting order dated 02.01.2004. The petitioner joined duty on 21.01.2004 and applied for General Provident Fund Scheme. After a detailed verification, he was asked to wait for allotment of GPF Account. Later on, he was informed that pension scheme has been abolished, instead, contributory pension scheme came into effect.

3. The grievance expressed by the petitioner is that since he was selected prior to the cut off date, he is entitled to pension scheme and not under Contributory Pension Scheme. In this regard, the petitioner has submitted a representation dated 20.07.2015 to the respondents and since the same remain unanswered, he came forward to file this Writ Petition.

4. Heard the submissions of the learned counsel appearing for the petitioner and Mr.N.Srinivasan, learned Additional Government Pleader, who accepts notice on behalf of respondents 1 and 2, Ms.C.N.G.Niraimathi, learned Standing Counsel accepts notice on behalf of the third respondent and Mr.V.Vijayshankar, learned Standing Counsel accepts notice on behalf of the fourth respondent.

5. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of same, directs the first respondent to consider the representation of the petitioner dated 20.07.2015 and pass orders on merits and in accordance with law within a period of 10 weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

The Writ Petition is disposed of accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar sl To

1. The Secretary to the State of Tamil Nadu Finance Department, Fort St. George, Secretariat, Chennai - 600 009.

2. The Secretary to the State of Tamil Nadu Personnel & Administrative Reforms Department, Fort St. George, Secretariat, Chennai - 600 009.

3. The Secretary, Tamil Nadu Public Service Commission, Frazar Bridge Road, VOC Nagar, Park Town, Chennai - 600 006.

4. The Accountant General (A&E), No.361, Anna Salai, Teynampet, Chennai - 08.

+1 cc to the Government Pleader High Court Madras sr.27559 Writ Petition No.33188 of 2015 aa02/11/2015