N.Palanisamy v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.19748 & 19750 of 2024 N.Palanisamy ....
Petitioner Vs
1. The State of Tamil Nadu, Represented by its Secretary to Government, Home (Police) Department, Secretariat, Chennai - 600 009.
2. The Principal Accountant General (Audit-I) Tamil Nadu, O/o.The Principal Accountant General (Audit-I), Lekha Pariksha Bhavan, 361, Anna Salai, Teynampet, Chennai - 600 018.
3. The Director General of Police, Tamil Nadu, Santhome, Chennai - 600 004.
4. The Commissioner of Police,
5. The Seat Assistant, J-1, Section Superintendent, ....
Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the entire records pertaining to the order of the fourth respondent vide in Na.Ka.No.1/21254/2024 dated 03.06.2024, quash the same and consequently directing the respondents to disburse the petitioner's retirement benefits, including leave salary, dearness allowance arrears and all other attendant retirement benefits etc., benefit of revised pay Rs.4800-10000+1300 (pre-revised Rs.2550-3200) with effect from 01.08.2009 in line with G.O.Ms.No.303, Finance (Pay Cell) Department dated 11.10.2017, gratuity, pension and all such other benefits together with interest at the rate of 9% per annum.
For Petitioner : Mr.S.Saravanan For R1, R3 to R5 : Mr.V.Veluchamy Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the order passed by the fourth respondent dated 03.06.2024, thereby stated that the petitioner is entitled for monthly Special Pension of Rs.2,000/- and consolidated amount of Rs.50,000/- as per his retirement. Insofar as
other benefits are concerned, he was directed to approach "J" Section of Pension Office.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1, 3 to 5 and perused the materials available on record.
3. The petitioner was appointed as part time Sweeper on daily wage basis on 30.10.1995 on consolidated basis of Rs.60/- per month. As per G.O.Ms.No.580, dated 04.07.2002 , the consolidated pay was enhanced to Rs.900/- per month. The petitioner had worked as part time Sweeper for a period of fourteen years. Thereafter, as per G.O.Ms.No.1426, Home (Pol.XV) Department, dated 11.10.2007, the service of part time Sweeper, those who had completed ten years of service as on 01.01.2006, was regularised only on 01.08.2009. The petitioner retired from service on 30.06.2023. The fourth respondent passed an order dated 30.06.2021, thereby allowed the petitioner to retire from his service. Now the petitioner sought for terminal benefits. As per
G.O.Ms.No.348, dated 28.11.2017, the petitioner is entitled for Special Pension of Rs.2,000/- per month and consolidated amount of Rs.50,000/-. Further the petitioner was directed to approach "J" Section of the Pension Office.
4. In view of the above, this Court finds no infirmity or illegality in the order passed by the fourth respondent. Thus, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 09.07.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp
To
1. The Secretary to Government, Home (Police) Department, Secretariat, Chennai - 600 009.
2. The Principal Accountant General (Audit-I) Tamil Nadu, O/o.The Principal Accountant General (Audit-I), Lekha Pariksha Bhavan, 361, Anna Salai, Teynampet, Chennai - 600 018.
3. The Director General of Police, Tamil Nadu, Santhome, Chennai - 600 004.
4. The Commissioner of Police,
5. The Seat Assistant, J-1, Section Superintendent,
G.K.ILANTHIRAIYAN. J, Lpp 09.07.2024