The Block Development Officer, v. Moideen Fathima
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.SURENDER and C.M.P.No.15132 of 2025 The Block Development Officer, Poonamalle Panchayat Union, Tiruvallur District.
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Appellant versus 1.Moideen Fathima, W/o.H.M.Anwar, No.17, Moottakaran Street, Mannadi, Chennai - 600 001.
2.The Principal Accountant General (A&E) Tamilnadu O/o of the Principal Accountant General (A&E) Tamilnadu, 361, Annasalai, Teynampet, Chennai - 600 018.
3.The District Collector, Thiruvallur District, Thiruvallur District, Thiruvallur.
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Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order passed in W.P.No.33043 of 2018 dated 31.10.2023. 1/5
For Appellant :
M/s.P.Charushree for Mr.J.Kamaraj For Respondents :
Mr.Murugesh Kasivel - R1 Mr.T.Chandrasekaran Special Government Pleader - R2 & R3
J U D G M E N T
(Judgment of the Court was made by R.SUBRAMANIAN, J.) Challenge in this appeal is to the order of the learned single Judge made in W.P.No.33043 of 2018 dated 31.10.2023. 2.
We see no merit in the appeal. The question as to whether 50% of the services rendered by the part-time panchayat clerks to be counted for pension was the subject matter in several writ petitions before this Court. 3.
This Court had in fact held that G.O.(Ms.)No.39 Rural Development and Panchayat Raj Department dated 13.06.2011 conferred the said benefit on part-time panchayat clerks. No doubt the same was withdrawn by G.O.(Ms.)No.77 Rural Development and Panchayat Raj Department dated 12.07.2013.
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4.
This Court had repeatedly pointed out that the persons who had retired before the issuance of G.O.No.77 would be entitled to the benefit of G.O.No.39 and the same cannot be taken away since a right has accrued to them. The learned single Judge had only followed the earlier pronouncements of this Court to grant the relief to the first respondent. 5.
Hence, we do not find any merit in the Writ Appeal. The Writ Appeal therefore fails and it is accordingly dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. (R.S.M., J.) (K.S., J.) 03.07.2025 Speaking order Index : No : No sri 3/5
To 1.The Block Development Officer, Poonamalle Panchayat Union, Tiruvallur District.
2.The Principal Accountant General (A&E) Tamilnadu O/o of the Principal Accountant General (A&E) Tamilnadu, 361, Annasalai, Teynampet, Chennai - 600 018.
3.The District Collector, Thiruvallur District, Thiruvallur District, Thiruvallur.
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R.SUBRAMANIAN, J.
and K.SURENDER, J.
sri and C.M.P.No.15132 of 2025 03.07.2025 5/5