Mr. C.Govindaraj v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN C.Govindaraj ... Petitioner Vs.
1.The Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Director/Commissioner, Rural Development and Panchayat Raj Department, Panakal Building, Saidapet, Chennai - 600 015.
3.The District Collector (Development), Dharmapuri District.
4.The Additional Collector (Dev) cum Member Secretary, District Rural Development Agency, Dharmapuri, Dharmapuri District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take into 1/6
account the past services rendered by the petitioner in the cadre of Technical Assistant from the date of his initial appointment from 22.11.1982 to 13.04.1999 and 14.04.1999 to 27.05.2001 as Junior Engineer along with regular service from 28.05.2001 to 31.05.2022 by calculating the past service, pension eligibility and pension enhancement or difference of pay and pension shall be calculated and disbursed in favour of the petitioner after fixing the revised pension by taking into account the past services, the revised pension arrears shall be calculated and to be disbursed to the petitioners within a pay and all consequential service and monetary benefits, in the light of the G.O.Ms.No.57 Rural Development and Panchayat raj Department dated 20.06.2013, by considering representation made by the petitioner dated 19.12.2022 and 22.04.2024.
For Petitioner : Mr.P.Ganesan For Respondents : Mr.N.Naveen Kumar Government Advocate
O R D E R
The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondents to take into account the past services rendered by the petitioner in the cadre of Technical Assistant from the date of his initial appointment from 22.11.1982 to 13.04.1999 and 14.04.1999 to 27.05.2001 as Junior Engineer along with regular service from 28.05.2001 to 31.05.2022 by calculating the past service, pension eligibility and pension 2/6
enhancement or difference of pay and pension shall be calculated and disbursed in favour of the petitioner after fixing the revised pension by taking into account the past services, the revised pension arrears shall be calculated and to be disbursed to the petitioners within a pay and all consequential service and monetary benefits, in the light of the G.O.Ms.No.57 Rural Development and Panchayat raj Department dated 20.06.2013, by considering representation made by the petitioner dated 19.12.2022 and 22.04.2024.
2. The learned counsel for the petitioner would submit that, by virtue of Rules 11 and 12 of the Tamil Nadu Pension Rules, 1978, 50% of the past service should be taken into consideration while calculating the petitioner's pension. In this connection, the petitioner has sent representation dated 22.04.2024 to the respondents, and such representation is yet to be considered by the respondents.
3. The learned Government Advocate appearing for the respondents would fairly submits that they would consider the petitioner's representation within a reasonable time.
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4. Heard the learned counsel for both sides and perused the materials available on record.
5. Though there is disputed facts between the parties, taking into consideration of the fact that the representation made by the petitioner is yet to be considered, this Court without going into merits of the matter, deems it appropriate to direct the respondents to consider the petitioner's representation dated 22.04.2024 and pass order on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
6. In the result, this Writ Petition is disposed of with the above observations. No costs.
23.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order 4/6
To 1.The Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Director/Commissioner, Rural Development and Panchayat Raj Department, Panakal Building, Saidapet, Chennai - 600 015.
3.The District Collector (Development), Dharmapuri District.
4.The Additional Collector (Dev) cum Member Secretary, District Rural Development Agency, Dharmapuri, Dharmapuri District.
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C.KUMARAPPAN, J.
jas 23.06.2025 6/6