A.Sivagnanam, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.Nos.3346 & 3347 of 2016 1.A.Sivagnanam 2.P.Subramanian 3.G.Arumugam 4.V.Pandian 5.R.Rangaraj ... Petitioners Vs.
1.The Secretary to Government, Revenue (Service-8(2) Department, Fort St. George, Chennai-600 009 2.The Special Commissioner, Revenue Administration, Chepauk, Chennai-600 005 3.The District Collector, Salem District, Salem
4. The District Collector Villupuram District, Villupuram 5.The District Collector, 1/6
Krishnagiri District, Krishnagiri
6. The Revenue Divisional Officer Attur, Salem District
7. The Revenue Divisional Officer Kallakurichi, Villupuram District
8. The Revenue Divisional Officer Krishnagiri, Krishnagiri District
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, Calling for the entire records relating to the impugned G.O. issued by the 1st respondent in G.O.Ms. No. 158, Revenue (Service-8(2) Department, dated 08.04.2015 in so far relates to sanction the minimum pension from date of G.O and quash the same and consequently directing the respondents to disburse the arrears of the minimum pension by calculating the minimum pension by taking note from the date of the petitioners retirement till the disbursement of the minimum pension within stipulated time. For Petitioner : Mr.C.Prakasam For Respondents :
(for R1 to R8) : M/s.V.Yamuna Devi, Special, Govt.
Pleader 2/6
O R D E R
The above Writ Petition has been filed to call for the entire records relating to the impugned G.O. issued by the 1st respondent in G.O.Ms.No.158, Revenue (Service-8(2) Department, dated 08.04.2015 in so far relates to sanction the minimum pension from date of G.O. and quash the same and consequently directing the respondents to disburse the arrears of the minimum pension by calculating the minimum pension by taking note from the date of the petitioners retirement till the disbursement of the minimum pension within stipulated time.
2. The petitioners were aggrieved by the fact that in the case of payment of minimum pension to Village Administrative Officers who had not completed 10 years of service, the authorities had sanctioned the pension from the date of retirement till the date of disbursement. However, in the case of the petitioners the respondents had fixed the date of sanctioning the pension from the date of issue of the impugned G.O. i.e; from 08.04.2015 and not from the date of their retirement. This clearly shows a discriminatory approach by the 3/6
authorities concerned.
3. With reference to the very same issue, certain petitioners had also approached this Court in W.P.No.37535 of 2015. By an order dated 22.11.2022, this Court was pleased to allow their writ petition and directed the respondents to calculate the minimum pension payable from the date of their retirement.
4. The above order would squarely apply to the case on hand and therefore the above writ petition is disposed of in terms of the order passed in W.P.No.37535 of 2015. No costs. Consequently, the connected Miscellaneous Petitioners are closed. 21.06.2024 (shr) Index : Yes/No Speaking Order: Yes/No 4/6
To 1.The Secretary to Government, Revenue (Service-8(2) Department, Fort St. George, Chennai-600 009 2.The Special Commissioner, Revenue Administration, Chepauk, Chennai-600 005 3.The District Collector, Salem District, Salem
4. The District Collector Villupuram District, Villupuram 5.The District Collector, Krishnagiri District, Krishnagiri
6. The Revenue Divisional Officer Attur, Salem District
7. The Revenue Divisional Officer Kallakurichi, Villupuram District
8. The Revenue Divisional Officer Krishnagiri, Krishnagiri District 5/6
P.T. ASHA . J., (shr) and W.M.P.Nos.3346 & 3347 of 2016 21.06.2024 6/6