P.Nageswaran, v. The Governmentof Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-04-2025
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA
1. P.Nageswaran, (PPO No.R0321693) Retd., Block DevelopmentOfficer, Tiruppur Block Tiruppur.
Petitioner(s) Vs
1. The Governmentof Tamil Nadu, Rep. by its Principal Secretary to Government, Rural Development and Panchayat Raj Department, Fort St.George, Chennai 600 009.
2.The Director of Rural Development and Panchayat Raj,Panaal Building, Saidapet, chennai 600 015.
3.The Principal Accountant General ( A and E) Tamil Nadu, No.361 Anna Salai, Chennai 600 018.
4.The District Collector, Tiruppur District, Tiruppur.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the respondents to count 50 percent services rendered in the post of Noon Meal Organizer from 15/10/1984 till 06/02/1993 along with regular service for the purpose of granting pension as per G.O.Ms.No.408 Finance (Pension) Department dated 25/08/2009 with all consequential.
For Petitioner : Mr.R.Rajmohan for Ms.T.Hemalatha For Respondent(s):
Mr.T.Chezhiyan Additional Govt. Pleader
ORDER
This writ petition has been filed to direct the respondents to count 50 percent services rendered in the post of Noon-Meal Organizer from 15/10/1984 till 06/02/1993 along with regular service for the purpose of granting pension as per G.O.Ms.No.408 Finance (Pension) Department dated 25/08/2009 with all consequential benefits.
2. The petitioner has been appointed as Noon-meal organizer in Panchayat Union Elementary School with effect from 15.10.1984 on consolidated pay. He has been in continuous service till 06.02.1993. Thereafter the petitioner was appointed as Junior Assistant on 13.02.1993. The petitioner claims that he is entitled to count his 50% of past services along with service
rendered by him in the present post for the purpose of pension. The petitioner claims that he is entitled to the benefit of the Government Order in G.O.Ms.No.408 Finance (Pension) Department dated 25.08.2009.
3. The petitioner retired from service on 31.05.2018 and has given a representation to the respondents to count 50% of his past services rendered from 13.02.1993 to 31.05.2018 for the purpose of getting pensionary benefits.
4. If the respondents finds that the petitioner's case is fitting under G.O.Ms.No.408 Finance (Pension) Department dated 25.08.2009, it shall be appropriate on their part to pass orders allowing the petitioner to compute his past services along with his services rendered thereafter, for the purpose of pension.
5. Mr.T.Chezhiyan, the learned Additional Government Pleader appearing for the respondents, submitted that there is no continuity of service in the case of the petitioner as he had resigned the post of Noon-Meal Organizer and later joined as Junior Assistant.
6. Even in that case also I feel the respondents shall pass appropriate orders in accordance with the merits of the submission made by the petitioner.
7. In view of the same, the writ petition is disposed by directing the respondents to consider the representation of the petitioner and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs.
25-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn
To
1. The Principal Secretary to Government, Rural Development and Panchayat Raj Department, Fort St.George, Chennai 600 009.
2.The Director of Rural Development and Panchayat Raj,Panaal Building, Saidapet, chennai 600 015.
3.The Principal Accountant General ( A and E) Tamil Nadu, No.361 Anna Salai, Chennai 600 018.
4.The District Collector, Tiruppur District, Tiruppur.
R.N.MANJULA J.
bkn 25-04-2025