N.V.Sambandan v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2024
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
1. N.V.Sambandan
2. G.Kamakshi
3. J.Suruli Jackayappan
4. P.S.Thiagarajan
5. D.Sowkathali
6. S.Sivaprakasam
7. D.Arugakeethy
8. S.Adhirajan
9. N.Krishnamoorthy 10.P.Pechimuthu 11.K.S.Devadoss 12.P.Rama Reddi 13.N.Paramasivam 14.V.Muthusamy 1/10
15.A.Govindasami 16.T.A.Abdul Bashwer 17.P.Gunaseli 18.V.Sundararaj 19.A.Abdul Rahoof 20.K.Rajagoplan 21.R.Sebastian 22.E.Parthasarathy 23.P.Narayanan 24.K.N.Ramasamy 25.K.Ramasamy 26.G.Sivasankaran 27.S.A.Venkatraman 28.N.Manivelu 29.K.S.Anantha Narayanan 30.K.Meenakshisundaram 31.R.V.Parasuraman 32.P.S.Sethuraman 33.P.Karuppasamy 2/10
34.C.Maruthiah 35.K.V.Perumal 36.A.Murugesan 37.M.Narayanasamy 38.M.Ratnam 39.R.Kailasam 40.K.Palanivel 41.C.Manickam 42.S.Ramadoss 43.D.Jayaraman 44.A.V.Muthuveeran 45.G.Thamizh Azhagan 46.S.P.Kallanai 47.S.David Thirumalai Raj 48.Therese 49.A.K.Thiruvarasu 50.Cruz 51.S.Antony Pandian 52.N.Veerasamy 3/10
53.K.Pandian 54.R.Arunachalam 55.N.Venkatachalapathy 56.K.Shanmugam 57.K.Venkataraman 58.S.Venkateswaran 59.A.Jagadeesan 60.R.Subramanian 61.M.Chairmandurai 62.S.Singaram 63.Earnest Rajiah 64.M.K.Krishnamoorthy 65.K.Papparajammal 66.G.Krishnamoorthy 67.K.K.Marasamy 68.K.R.Palanisamy 69.V.S.Sugumaran 70.B.Hanumantha Rao 71.H.Venkataraman 4/10
72.E.Arumugam 73.M.V.Sethumadhavan 74.S.Ganesamurthy 75.P.Venkatachalam 76.S.John 77.V.Singaram 78.N.Krishnan 79.M.Dharmaraj 80.M.Renganathan 81.T.Sivalingam 82.T.Diraviyam 83.D.Subramanian 84.S.Muthusamy 85.S.Seetharaman 86.J.A.M.Rajendran Samuel 87.K.Jothi Thiyagrajan 88.P.Rathnasabapathi 89.M.Muthunagarathinam 90.S.Kandasamy ... Petitioners 5/10
Vs
1. State of Tamil Nadu Rep. by its Principal Secretary to the Government Finance (PGC) Department Secretariat, Fort St. George, Chennai-9.
2. The Principal Accountant General (A&E) 361, Anna Salai, Teynampet Chennai-18.
3. The Commissioner of Treasuries and Accounts Panagal Buildings, Saidapet, Chennai-18.
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration declaring the clarification letter issued by the 1st Respondent in Letter No.61495 (Ms.)/ PGC/2013 Finance (PGC) Department dated 04.02.2014 and its allied Letter No.24056/ PGC/ 2014-1 Finance (PGC) Department dated 28.05.2014 as null and void and unenforceable in the eye of law further the 2nd Respondent has not raised any doubt from the 1st Respondent through the letter Pen 30/1-76/ 2013-14/ 96083 dated 23.10.2013 as stated by the 1st Respondent in the clarification letter dated 04.02.
2014 and thereby direct the 1st Respondent to issue orders for the payment of arrears of Dearness Allowance for the difference of the pre-revised pension minus original pension from the date of retirement to till date as the the Dearness Allowance/pay is one of the many components, which go into the eventual determination of pension as specifically indicated by the Apex Court in paragraph 30 of its judgment dated 17.01.
G.O.174 dated 21.04.1998 and G.O.235 dated 01.06.2009 as already ordered in paragraph 15 of G.O.363 dated 23.08.2013 as for the petitioners are concern and pay the consequential arrears within a stipulated period. For Petitioners : Mr.A.R.Nixon For Respondents : Ms.R.L.Karthika, Government Advocate for R1 Mr.P.Mano Rajan, Senior Counsel for Accountant General (R2)
ORDER
When the matter is taken up for consideration, it is represented by Mr.A.R.Nixon, learned counsel for the petitioners and the learned counsel appearing for the respondents that similar batch of Writ Petitions were already dismissed by a learned Single Judge of this Court and the same was also confirmed in W.A.Nos.2712, 2713 and 1518 of 2021 by a common judgment dated 14.06.2024. A copy of the said judgment passed by the learned Division Bench is also placed before this Court, wherein the learned Division Bench observed as under:- " The grievances of the Writ petitioners are that the said Government order has not been implemented properly. The learned counsel appearing for the appellants would vehemently contend that the benefits extended under G.O. Ms. No.363 Finance (PGC) department 7/10
dated 23.08.2013 is not proper and the authorities have not extended the benefits as directed by the Hon'ble Supreme Court of India. The calculations made by the Pay and Accounts Office and the respective Treasuries are not in accordance with the Government order passed to implement the order of the Hon'ble Supreme Court of India. We cannot re-adjudicate the issues already decided by the Hon'ble Supreme Court of India.. The issues are related to the retired employees, who retired from service in between 01.06.1988 and 31.12.1995. The Government Order in G.O. Ms. No.363 was issued in the year 2013 and thereafter, the revision of the pension was made pursuant to further pay Commissions also.
4. In view of the facts and circumstances, the order passed implementing the judgment of the Hon'ble Supreme Court of India cannot be interfered with by this Court and more so, the Hon'ble Supreme Court's order has been implemented by the Government and if at all any error committed by the Treasury officers or Pay and Accounts Office in calculating the benefits, it is for the aggrieved individual pensioners to approach the Treasury officer or Pay & Accounts Officer concerned for necessary clarifications or to verify the correctness of the fixation made with reference to the Government Order issued in G.O. Ms. No.363 Finance (PGC) department dated 23.08.2013. Therefore, the relief as such sought for in the Writ petitions and Writ appeals cannot be granted by this Court and consequently all the Writ appeals are disposed of. It is needless to state that the fixation of pension or revision of pension made in accordance with the pay rules and Government orders in force, need not be reduced."
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2. In the light of the above, this Writ Petition stands disposed of in terms of the above order passed by the learned Division Bench of this Court. No costs. 30.08.2024 Speaking (or) Non Speaking Order Index : Yes/ No shk To
1. The Principal Secretary to the Government, The State of Tamil Nadu, Finance (PGC) Department Secretariat, Fort St. George, Chennai-9.
2. The Principal Accountant General (A&E) 361, Anna Salai, Teynampet Chennai-18.
3. The Commissioner of Treasuries and Accounts Panagal Buildings, Saidapet, Chennai-18.
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MUMMINENI SUDHEER KUMAR, J.
shk 30.08.2024 10/10