Madras High CourtWP(MD)/2682/2018allowed

R.Sankaran v. The Principle Secretary To

2018-02-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No. 2682 of 2018 R.Sankaran ... Petitioner Vs.

1.The Principle Secretary to the State Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai- 600 001.

2.The Principal Accountant General, (Accounts and Entitlements) 361, Annasalai, Teynampet, Chennai- 600 018.

3.The District Collector, Thoothukudi District.

4.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

... Respondents PRAYER : This Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus thereby directing the respondents herein to take into account half of the service of the petitioner from 14.08.1981 to 31.05.1995 in the light of the G.O.Ms.No.408, Finance (Pension) Department dated 25.08.2009, for the purpose of pension, arrears and all attendant terminal benefits within the time stipulated by this Court.

For petitioner : Mr.P.Mahendran For R-1,3 and 4 : Mr. K. Saravanan Government Advocate For R-2 : Mr.P.Gunasekaran

O R D E R

*********** https://hcservices.ecourts.gov.in/hcservices/ The petitioner was appointed as Village Assistant on 09.03.1984. His services were regularised with effect from

01.06.1995 and he was brought into the time scale of pay also. He retired from service on 31.12.2015. The question is whether the petitioner's services rendered prior to his regularisation can be taken into account for the purpose of computing his pension. This case is no longer res integra. It has been held that in catena of decision that the petitioner's earlier service prior to regularisation should also be taken into account. The petitioner has enclosed such orders in the typed set of papers. One such order dated 16.02.2009 made in W.A.(MD)No.16 of 2009, the case in hand is covered by the aforesaid Hon'ble Division Bench decision. Therefore the respondents are directed to take into account half of the petitioner's service from 14.08.1981 to 01.06.1995. 2.This writ petition is allowed. No costs.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To:

1.The Principle Secretary to the State Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai- 600 001.

2.The District Collector, Thoothukudi District.

3.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

+1cc to Mr.P.Mahendran, Advocate, SR.No.48463 +1cc to The Special Government Pleader, SR.No.48919 pnn/kmi RL/6C/2P/SV/MMS/SAR1/17/4/2018 ORDER MADE IN W.P. (MD) No. 2682 of 2018 13.02.2018 (2/2) https://hcservices.ecourts.gov.in/hcservices/