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Madras High CourtWP/34748/2015disposed of

R.Venkatachalam, v. Government Of Tamilnadu,

2015-10-30Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.10.2015

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN WP.No.34748/2015 R.Venkatachalam .. Petitioner

Versus

1.The Secretary to Government Government of Tamilnadu Finance [Pension] Department Secretariat, Chennai 600 009.

2.The Secretary to Government Government of Tamilnadu Revenue Department, Secretariat, Chennai 600 009.

3.The Commissioner of Revenue Administration Chepauk, Chennai 600 005.

4.The District Collector Ariyalur District, Ariyalur.

5.The Sub Collector Ariyalur District, Ariyalur Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to extend the benefit of G.O.Ms.No.408, Finance [Pension] Department, dated 25.08.2009, to the petitioner by counting half of his services from 03.06.1963 to 14.11.1980 along with his regular service from 01.09.1982 to 31.10.1989 as Village Administrative Officer and on that basis revise his pensionary benefits within a time frame.

For Petitioner :

Mr.M.Ravi for M/s.M.Sasi Kumar For Respondents:

Mr.V.Subbiah, Spl. GP.

ORDER

By consent, the writ petition is taken up for final disposal.

The petitioner was appointed as Village Karnam in Keelnatham village on 03.06.1963 and he rendered his service till 14.11.1980 and thereafter, was relieved from service and the petitioner was appointed as Village Administrative Officer on 01.09.1982 and after rendering nearly 17 years of service, was permitted to retire from service on 31.10.1989. The grievance expressed by the petitioner is that the service of 7 years and 2 months rendered by him as Village Administrative Officer has been taken into account and not the earlier service rendered by him as Village Karnam and hence, he came forward to file this writ petition.

Learned counsel for the petitioner would submit that in earlier facts and circumstances, this Court, on 21.02.2014, has considered the claim of Tvl.S.S.Kaliabiran and K.Omaiyarupagam, in WP [MD] Nos.515 & 1072/2012 and taking into consideration G.O.Ms.No.408, Finance [Pension] Department, dated 25.08.2009, has directed the respondents therein to take into consideration, half of service rendered by them on consolidated monetary pay etc., along with regular service and confer them with the benefit of pension and other terminal benefits and prays for similar relief.

This Court heard the submissions of Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents.

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 the same, directs the respondents 1 and 2 to consider and dispose of the petitioner's representation dated 06.04.2015 and pass orders on merits and in accordance with law, within a period of eight 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 AP

To 1.The Secretary to Government Government of Tamilnadu Finance [Pension] Department Secretariat, Chennai 600 009.

2.The Secretary to Government Government of Tamilnadu Revenue Department, Secretariat, Chennai 600 009.

3.The Commissioner of Revenue Administration Chepauk, Chennai 600 005.

4.The District Collector Ariyalur District, Ariyalur.

5.The Sub Collector Ariyalur District, Ariyalur.

+1 cc to M/s.M.Ravi, Advocate sr.59289 +1 cc to Government pleader sr.59855 WP.No.34748/2015 aa27/11/2015