A.Johnson v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2022
CORAM
THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE A.Johnson .. Petitioner Vs.
1.The Secretary to Government Municipal Administration and Water Supply Department Fort St.George, Chennai - 600 009.
2.The Director of Town Panchayat M.R.C. Nagar, Chennai - 600 028.
3.The Executive Officer Thiruninravur Town Panchayat Thiruvallur District.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider and pass orders on the petitioner's representation dated 12.07.2022 regarding cancellation of enrolment in the newly introduced Contribution Pension Scheme and to bring the petitioner under Old Pension Scheme and for the refund of subscription recovered from the petitioner towards New Contributory Pension Scheme and as per Rules 1/6
11(4) of the Tamil Nadu Pension Rules as amended in G.O.Ms.No.41 Finance (Pension) Department dated 09.02.2010 and in the light of the orders of the Hon'ble High Court Full Court Judgement in W.A.No.158 of 2016 dated 03.12.2019 within a time limit to be prescribed by this Court. For Petitioner : Mr.A.Baskaran For Respondents : Mr.M.Shajahan Special Government Pleader for R1 & R2 Mrs.P.Raja Rajeswari Government Advocate for R3
ORDER
By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.
2. The petitioner has filed this writ petition seeking for a Mandamus to direct the first respondent to consider and pass orders on the petitioner's representation dated 12.07.2022 regarding cancellation of enrolment in the newly introduced Contributory Pension Scheme and to bring the petitioner under Old Pension Scheme and for the refund of subscription recovered from the petitioner towards New Contributory Pension Scheme.
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3. According to the petitioner as per Rule 11(4) of the Tamil Nadu Pension Rules as amended in G.O. Ms.No.41 Finance (Pension) Department, dated 09.02.2010 and in the light of the orders of the Hon'ble Full Bench judgment of this Court, dated 03.12.2019 in W.A.No.158 of 2016, the petitioner is eligible to fall under the old pension scheme. The petitioner has given a representation on 12.07.2022 to the first respondent, requesting them to consider his case, whereby he has requested the first respondent to place him under the old pension scheme. Admittedly, the said representation has not been considered till date.
4. Heard Mr.A.Baskaran, learned counsel for the petitioner. Mr.M.Shajahan, learned Special Government Pleader accepts notice on behalf of the respondents 1 and 2, and Mrs.P.Raja Rajeswari, learned Government Advocate accepts notice on behalf of the third respondent.
5. No prejudice would be caused to the respondents, if the representation of the petitioner, dated 12.07.2022 is considered on merits and in accordance with law.
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6. For the foregoing reasons, without going into the merits of the case, this Court directs the first respondent to consider the petitioner's representation, dated 12.07.2022 in the light of Rule 11 (4) of the Tamil Nadu Pension Rules as amended in G.O. Ms.No.41 Finance (Pension) Department, dated 09.02.2010 and in the light of the orders of the Hon'ble Full Bench judgment of this Court, dated 03.12.2019 in W.A.No.158 of 2016 and pass final orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, the writ petition stands disposed of. No costs.
25.11.2022 Speaking Order/Non-speaking Order Index : Yes / No ds To:
1.The Secretary to Government 4/6
Municipal Administration and Water Supply Department Fort St.George, Chennai - 600 009.
2.The Director of Town Panchayat M.R.C. Nagar, Chennai - 600 028.
3.The Executive Officer Thiruninravur Town Panchayat Thiruvallur District.
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ABDUL QUDDHOSE.J., ds 25.11.2022 6/6