A.Pathy Arokkiyamary v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE A.Pathy Arokkiyamary ...
Petitioner vs.
1. Government of Tamilnadu, Rep. by its Secretary, Finance Department, Secretariat, Chennai - 600 009.
2.Government of Tamilnadu, Rep. by its Secretary, Rural Development Department, Chennai - 09.
3.Government of Tamilnadu, Personnel and Administrative Department, Chennai - 09.
4.The District Collector, Nagapattinam District.
5.Tamilnadu Public Service Commission, Park Down, TNPSC Road, V.O.C.Nagar, Chennai - 600 002.
... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1, 2, 3 & 5 1/5
to pass orders on petitioner's representation dated 25.06.2020 recommended by the fifth respondent vide Proceeding Na.Ka.No.3207/U.V.4/2019 dated 26.08.2020 to shift from Contributory Pension to Old Pension Scheme in the light of the order passed in W.P.(MD).No.8931 of 2018 dated 23.04.2018 and order in G.O.Ms.No.93 Finance (PGC.II) Department dated 26.02.2021 and all consequential benefits including notional promotion on par with immediate junior within time stipulated by this Court. For Petitioner : Mr.S.Mani For Respondent 1 : Mr.V.Ravi, Special Government Pleader For Respondents 2, 3 & 5: Mr.P.Balathandayutham, Special Government Pleader For Respondent 4 : Mr.Karthik Rajan
ORDER
These writ petitions have been filed for a Mandamus seeking for a direction to the respondents 1, 2, 3 & 5 to consider the petitioner's representation dated 25.06.2020.
2. Heard Mr.S.Mani, learned counsel for the petitioner, Mr.V.Ravi, learned Special Government Pleader appearing for the first respondent, Mr.P.Balathandayutham, learned Special Government Pleader appearing 2/5
for the respondents 2, 3 & 5 and Mr.Karthik Rajan, learned standing counsel appearing for the fourth respondent.
3. Learned Special Government Pleader appearing for the respondents 2, 3 & 5 have placed before this Court an order dated 03.03.2022 passed on the petitioner's representation which is the subject matter of this writ petition.
4. The grievance of the petitioner in this writ petition is that his representation was not considered. Since the representation has now been considered and has been rejected by order dated 03.03.2022, the petitioner will have to challenge the order dated 03.03.2022 in the manner known to him under law.
5. Learned counsel for the petitioner seeks liberty for the petitioner to challenge the order dated 03.03.2022 in the manner known to the petitioner under law.
6. After recording the rival submissions, this writ petition is disposed of by granting liberty to the petitioner as prayed for. No costs. 27.10.2022 nl Index: Yes/No Speaking Order/Non-Speaking Order 3/5
To :
1.The Secretary, Finance Department, Secretariat, Chennai - 600 009.
2.The Secretary, Rural Development Department, Chennai - 09.
3.Government of Tamilnadu, Personnel and Administrative Department, Chennai - 09.
4.The District Collector, Nagapattinam District.
5.Tamilnadu Public Service Commission, Park Down, TNPSC Road, V.O.C.Nagar, Chennai - 600 002.
4/5
ABDUL QUDDHOSE, J.
nl 27.10.2022 5/5