S.Sekar v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN
1. S.Sekar
2. A.Shanmugam ... Petitioners Vs.
1. The Government of Tamil Nadu, Rep. by its Principal Secretary to Government, Rural Development & Panchayat Raj Department, Fort St.George, Chennai - 600 009.
2. The Director of Rural Development & Panchayat Raj, Panagal Building, Saidapet, Chennai - 600 015.
3. The District Collector (PD Section), Salem District, Salem.
4. The Tamil Nadu Public Service Commission, Rep. by its Member Secretary, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai - 600 003.
... Respondents Writ Petition filed under Article 226 of the Constitution of India 1/6
praying to issue a Writ of Mandamus, directing the respondent to grant notional benefits to the petitioners from the year in which they were included the panel in the cadre of junior assistants respectively as mentioned by the Tamil Nadu Public Service Commission in their letter No.1604/CT.B2/03 dated 29.07.2004 for granting increments, seniority and pension and also bring them into the regular pension scheme which was in vogue prior to 01.04.2003 by counting their 50% of service rendered by the petitioners in the post of Panchayat Assistant Grader II along with regular Government service.
For Petitioners : Ms.T.Hemalatha For Respondents : Mr.R.U.Dinesh Raj Kumar, Additional Government Pleader (for R1 to R3) Mrs.G.Hema, Standing Counsel (for R4) *****
O R D E R
The instant writ petition has been filed with a prayer for issuing a Mandamus to direct the respondents to grant notional benefits to the petitioners from the year in which they were included the panel in the cadre of junior assistants respectively as mentioned by the Tamil Nadu Public Service Commission in their letter No.1604/CT.B2/03 dated 29.07.2004 for 2/6
granting increments, seniority and pension and also bring them into the regular pension scheme which was in vogue prior to 01.04.2003 by counting their 50% of service rendered by the petitioners in the post of Panchayat Assistant Grader II along with regular Government service.
2. The learned counsel for the petitioners would submit that they were appointed as part-time Panchayat clerks in Salem District. She would further submit that the petitioners are entitled to be considered for the panel during 1993 for the post of Junior Assistant. Therefore, as a consequence, they are entitled to notional benefits. In this connection, the petitioners have sent a representation dated March 20, 2024, and such representation is pending with the second respondent.
3. At this juncture, the learned Additional Government Pleader appearing for the first to third respondents would strongly object the said contention. He would further submit that they would consider the petitioners' representation within a reasonable time.
4. Heard the learned counsel for both sides and perused the materials 3/6
available on record.
5. In view of the said fair submission made by the learned Additional Government Pleader, without going to the merits of this Writ Petition, this Court deems it appropriate to direct the respondents to consider the petitioners' representation dated 20.03.2024, and pass orders on its own merits and in accordance with law, within a period of eight 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.
26.06.2025 kv Index : Yes/No Speaking order /Non Speaking Order To 4/6
1. The Principal Secretary to Government, The Government of Tamil Nadu, Rural Development & Panchayat Raj Department, Fort St.George, Chennai - 600 009.
2. The Director of Rural Development & Panchayat Raj, Panagal Building, Saidapet, Chennai - 600 015.
3. The District Collector (PD Section), Salem District, Salem.
4. The Member Secretary, The Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai - 600 003 5/6
C.KUMARAPPAN, J.
kv 26.06.2025 6/6