P.V.Babu v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.V.Babu ... Petitioner 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 & Panchyat Raj, Panagal Building, Saidapet, Chennai - 600 015 3.The District Collector (PD Section), Kancheepuram District, Kancheepuram.
4.The Principal Accountant General (A & E) Tamil Nadu, No.361, Anna Salai, Chennai - 600 018.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to count 50% of service rendered by the petitioner in the post of part time Panchayat clerk from 07.07.1983 to 14.02.1999 together with his regular service rendered between 15.02.1999 to 31.05.2018 for the purpose of 1/5
granting pension in accordance with the directions given by the Hon'ble Division Bench judgment rendered in W.A.No.2358/2021 and W.A.No.2851/2018 etc., dated 16.12.2021 and 06.07.2023 respectively. For Petitioner : Ms.T.Hemalatha For Respondents : Mr.P.Balathandayutham Special Government Pleader *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to count 50% of the service rendered by the petitioner in the post of part-time panchayat clerk from 07.07.1983 to 14.02.1999 together with his regular service rendered between 15.02.1999 and 31.05.2018 for the purpose of granting pension to the petitioner.
2. Heard Ms.T.Hemalatha, learned counsel for petitioner and Mr.P.Balathandayutham, learned Special Government Pleader appearing for respondents.
3. The case of the petitioner is that he was initially appointed as part-time panchayat clerk at Sriperumbudur Panchayat Union in the 2/5
year 1983. Subsequently, he was regularly appointed as Junior Assistant at Walajabad Panchayat Union in the year 1999 and he got his promotion as Assistant in the year 2003 and thereafter, as Deputy Block Development Officer and ultimately, he retired from service on 31.05.2018.
4. The grievance of the petitioner is that 50% of his past services as panchayat clerk from 07.07.1983 to 14.02.1999 has not been added along with the regular service and as a result, the petitioner is being deprived of pension. Learned counsel, in order to claim this relief, is relying upon the relevant Government Order and also the earlier order passed by this Court. It is under these circumstances, the present writ petition has been filed.
5. Taking into consideration the facts and circumstances of the case and the earlier orders passed by this Court and the grievance expressed by the petitioner, there shall be a direction to the petitioner to submit a fresh representation to the second respondent along with all the relevant documents and a copy of this order within a period of two (2) weeks from the date of receipt of a copy of this order. The second 3/5
respondent, on receipt of the same, shall deal with the representation in line with the relevant Government Order and also the earlier orders passed by this Court within a period of eight (8) weeks thereafter. This writ petition is disposed of with the above direction. No costs.
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1. The Principal Secretary to Government Government of Tamil Nadu Rural Development & Panchayat Raj Department Fort St.George Chennai - 600 009
2. The Director of Rural Development & Panchyat Raj Panagal Building Saidapet, Chennai - 600 015
3. The District Collector (PD Section) Kancheepuram District Kancheepuram
4. The Principal Accountant General (A & E) Tamil Nadu No.361, Anna Salai Chennai - 600 018 4/5
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