M.Panchanathan, v. The Accountant General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.350 of 2018 M.Panchanathan

...Petitioner

Vs.

1.The Accountant General, Tamil Nadu Government 361, Anna Salai, Teunampettai, Chennai-18.

2.The Additional Chief Secretary cum, Commissioner of Revenue Administration, Chepauk, Chennai-5.

3.The District Collector, 4.The District Treasury Officer, 5.The Revenue Divisional Officer, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to confer pension benefits to the petitioner as per the Government Order in G.O.No.408, Finance (Pension) Department dated 25.08.2009 with effect from 29.02.2012 on the basis of the petitioner representation dated 14.12.2017.

For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader

ORDER

Heard the learned counsel on either side.

By consent of both the parties, the main Writ Petition itself is taken up for final disposal.

2.The petitioner served as Village Karnam from 05.09.1979 to 05.09.1980. The said post was abolished in the year 1980. The petitioner was serving as Noon Meal Organiser from 16.07.1983 to 19.10.2005. He became a Village Administrative Officer on 18.10.2005. He reached the age of superannuation on 29.02.2012. The authorities took the view that since he has served as Village Administrative Officer only for seven years, he cannot be given any minimum pension. Therefore, the petitioner has filed this present Writ Petition.

3.The learned counsel appearing for the petitioner drew the attention of this Court to G.O.(Ms).No.756, Revenue Department, dated 17.08.1993 and G.O.(Ms).No.299, Revenue Department, dated 27.08.2012. As per the said Government Orders minimum pension was conferred on similarly placed Village Administrative Officers. The case of the petitioner is absolutely identical. 4.Therefore, the fifth respondent is directed to secure the proposal from the concerned Tahsildar and shall compute the arrears payable to the petitioner. The fifth respondent shall route the said pension proposal to the second respondent through proper channel. The said exercise shall be completed within a period of three weeks from today. The second respondent upon receipt of the said proposal shall pass appropriate orders and confer minimum pension on the petitioner. It is made clear that the entire exercise shall be completed within a period of eight weeks from today.

5.The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Accountant General, Tamil Nadu Government 361, Anna Salai, Teunampettai, Chennai-18.

2.The Additional Chief Secretary cum, Commissioner of Revenue Administration, Chepauk,Chennai-5.

3.The District Collector,

4.The District Treasury Officer, 5.The Revenue Divisional Officer, +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.51955 +1CC TO M/S.P.GUNASEKARAN, ADVOCATE, SR NO.51757 +1CC TO M/S.K.BAALASUNDHARAM, ADVOCATE, SR NO.51557 W.P.(MD).No.350 of 2018 27.02.2018 tsg MS/CM-VR/SAR.2/28.02.2018/3P.9C