Madras High CourtWP/31386/2018disposed of

S.Sambandam v. The State Of Tamil Nadu

2018-11-28Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 28.11.2018

CORAM

THE HONOURABLE DR. JUSTICE S.VIMALA W.P. NO. 31386 OF 2018 S.Sambandam .. Petitioners - Vs - -

1. The State of Tamil Nadu rep. By its Secretary to Government Rural Development & Panchayat Raj Department, Fort St. George Chennei 600 009.

2. Director of Rural Development and Panchayat Raj Department Panagal Buildings, No.1, Jeenis Road Saidapet, Chennai 600 015.

3. The Principal Accountant General (A&E) Office of Accountant General 361, Anna Salai, Chennai - 18.

4. The District Collector Collectorate, Thiruvarur district Thiruvarur.

5. The Assistant director Local Fund Audit, Thiruvarur.

6. The Block Development Officer Muthupettai Panchayat Union Muthupettai, Thiruthuraipoondi Tk.

Thiruvarur District.

7. The Executive Officer Pamani Panchayat, Pamani Thiruthuraipoondi Taluk Thiruvarur District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the respondents to count half of earlier service of the petitioner as Temporary Panchayat Clerk/Assistant from 01.01.75 to 13.01.95 in the 7th respondent Panchayat as part of his pensionable services as per Rule 11 (2) of the Tamil Nadu

Pension rules and G.O. Ms. No.39, rural Development (E5) Department dated 13.06.2011 along with his permanent services from 14.01.95 to 31.03.08 and accordingly to pay and settle his revised terminal benefits such as DCRG and Pension, etc., together with 18% interest p.a., within a time frame. For Petitioner : Mr. V.Ajoy Khouse For Respondents: Mr. R.Selvam, GA for RR-1, 2, 4 & 5 Mr. A.Rajaperumal for RR-6 & 7

ORDER

Mr. R.Selvam, learned Government Advocate takes notice for respondents 1, 2, 4 and 5 and Mr.A.Rajaperumal takes notice for respondents 6 and 7.

2. The writ petition has been filed seeking direction to the respondent to count half of the earlier service of the petitioner as temporary Panchayat Clerk/Assistant from the year 1975 to the year 1995 (under the 7th respondent Panchayat) as part of his pensionable service. The petitioner has submitted a representation in this regard in tune with Rule 11 (2) of the Tamil Nadu Pension Rules and G.O. Ms. No.39, Rural Development Department dated 13.6.2011. Since no orders have been passed on his representation, the present petition has been filed.

3. The only grievance of the petitioner is that his past service from the year 1975 to the year 1995 ought to be counted along with his permanent service from 14.1.95 to 31.3.08.

4. Learned counsel for the petitioner points out the recommendation made in the audit report in which the eligible period for pension from the year 1.1.1975 to 13.1.1995 is computed at 20 years and 13 days. 50% of this period is sought to be included along with his permanent service. Learned counsel for the petitioner placed reliance upon the earlier orders passed by this Court in W.a. No.259/16 and prays similar orders in this petition as well.

5. In view of the limited relief sought for, this Court is of the view that it would be suffice to direct the respondents to consider the representation dated 8.10.2018, submitted by the petitioner, in the light of the audit report as well as the decision in W.A. No.259/2016 dated 10.03.2016 and to pass orders within a particular time frame.

6. In the above circumstances, this writ petition is disposed of directing the respondents to consider the representation dated 8.10.2018, submitted by the petitioner in

the light of the audit report as well as the decision in W.A. No.259/2016 dated 10.03.2016 and pass orders thereon in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar GLN To

1. The Secretary Rural Development & Panchayat Raj Department, Government of Tamil Nadu Fort St. George, Chennei 600 009.