Mohammed Abdul Wahab. K v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Sixteenth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.S.RAMESH in WP(MD) Nos.2833, 2836 and 2838 of 2021 K.MOHAMMED ABDUL WAHAB ... PETITIONER IN WMP(MD)No.2320 of 2021 IN WP(MD)No.2833 of 2021 G.RUSSEL ... PETITIONER IN WMP(MD)No.2321 of 2021 IN WP(MD)No.2836 of 2021 S.VIJAYA ... PETITIONER IN WMP(MD)No.2322 of 2021 IN WP(MD)No.2838 of 2021 Vs 1 THE STATE OF TAMIL NADU REP BY ITS SECRETARY, REVENUE DEPARTMENT , ST.GEORGE FORT, CHENNAI - 600 009.
2 THE DISTRICT COLLECTOR NAGARCOIL, KANYAKUMARI DISTRICT.
3 THE TAHSILDAR, THOVALAI TALUK, THOVALAI, KANYAKUMARI DISTRICT. ... RESPONDENTS IN ALL THE PETITIONS Prayer in WMP(MD) Nos.2320, 2321 and 2322 of 2021 in WP(MD) Nos.2833, 2836 and 2838 of 2021:
Petitions filed praying that in the circumstances stated therein and in the affidavits filed therewith the High Court may be pleased to stay all further proceedings of the impugned order of the 2nd respondent herein in his proceedings in Na.Ka.Aa2 / 47522/2018, dated 16/12/2019, pending disposal of the main Writ Petitions. Prayer in WP(MD). 2833/ 2021 :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus , to call for the records pertaining to the impugned order 1/3
of the 2nd respondent herein in his proceedings in Na.Ka.Aa2 / 47522/2018, dated 16/12/2019 and quash the same as illegal and consequently direct the respondents to refix the petitioner's pension by considering his entire period of service , i.e. from 10/11/1975 to 30/09/2007,or par with various Judgments made by Hon'ble Madras High Court , Madurai bench and further direct the respondents to sanction the petitioners full pensionary benefits accordingly.
Prayer in WP(MD). 2836/ 2021 :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus , to call for the records pertaining to the impugned order of the 2nd respondent herein in his proceedings in Na.Ka.Aa2 / 47522/2018, dated 16/12/2019 and quash the same as illegal and consequently direct the respondents to refix the petitioner's pension by considering his entire period of service , i.e. from 12/09/1980 to 31/05/2014,or par with various Judgments made by Hon'ble Madras High Court , Madurai Bench and further direct the respondents to sanction the petitioners full pensionary benefits accordingly.
Prayer in WP(MD). 2838/ 2021 :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus , to call for the records pertaining to the impugned order of the 2nd respondent herein in his proceedings in Na.Ka.Aa2 / 47522/2018, dated 16/12/2019 and quash the same as illegal and consequently direct the respondents to refix petitioner's husband's pension by considering his entire period of service , i.e. from 04/12/1985 to 31/03/2009,or par with various Judgments made by Hon'ble Madras High Court , Madurai Bench and further direct the respondents to sanction my husband's full pensionary benefits accordingly.
ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.C.KISHORE, Advocate for the petitioner in all these petitions and of Mrs.J.PADMAVATHI DEVI, Special Government Pleader on behalf of these Respondents in all the petitions, while admitting the Writ Petition, the Court made the following order:- Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents. 2.Admittedly, the petitioners are receiving sanctioned pension. They are aggrieved against the rejection of the request for revision of pension. No useful purpose would be served, if the impugned order of rejection is stayed. The petitioners entitlement for 2/3
revision of pension could be decided in the main writ petition, which has been admitted today. As such, it would be appropriate to close the stay petition.
3.Accordingly, these Miscellaneous Petitions are closed. sd/- 16/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE SECRETARY, STATE OF TAMIL NADU REVENUE DEPARTMENT , ST.GEORGE FORT, CHENNAI - 600 009.
2 THE DISTRICT COLLECTOR NAGARCOIL, KANYAKUMARI DISTRICT.
3 THE TAHSILDAR, THOVALAI TALUK, THOVALAI, KANYAKUMARI DISTRICT.
ORDER
in WP(MD) Nos.2833, 2836 and 2838 of 2021 Date :16/02/2021 cp AE/VR/SAR-III (25/02/2021) 3P / 4C 3/3