Ulaganathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.433 of 2018 Ulaganathan ... Petitioner Vs.

1. The District Collector, Ramanathapuram District.

2. The Tahsildar, Kamuthi Taluk, Kamuthi, Ramanathapuram District.

3. The Secretary to Government of Tamil Nadu, Revenue Department, Fort St.George, Chennai-9. ... Respondents (Respondent No.3 is Suo motu impleaded as per the order of this Court dated 15.02.2018) Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to revise the monthly pension of the petitioner pursuant to his representation dated 21.06.2017.

For Petitioner : Mr.S.Pon Senthil Kumaran For Respondents : Mr.M.Jeyakumar Additional Government Pleader

ORDER

Heard the learned counsel on either side.

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

3.The petitioner was appointed as Thalayari by order dated 30.09.1967. His services were regularised on 01.06.1995. He reached the age of superannuation on 31.08.2001. The petitioner is however being paid only a sum of Rs.700/- as pension. The grievance of the petitioner is that similarly placed retired Village Assistants are getting a monthly pension of Rs.4,500/-. The service put in by him from 1967 to 1995 has not been taken into account. While computing the qualifying years of service, this Court in a number of decisions has held that the half of the services should be https://hcservices.ecourts.gov.in/hcservices/

taken into account. Therefore, the pension payable to the petitioner will have to be necessarily revised. 4.Therefore, the second respondent is directed to submit the revised pension proposals in respect of the petitioner to the Government within a period of four weeks from the date of receipt of a copy of this order.

5.The Secretary to Government of Tamil Nadu, Revenue Department, Fort St.George, Chennai-9, is suo motu impleaded as third respondent. Upon receipt of the revised proposals from the second respondent, the Government shall revise the pension payable to the petitioner herein. The arrears will also be disbursed without delay thereafter.

6.With these directions, the Writ Petition is allowed accordingly. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government of Tamil Nadu, Revenue Department, Fort St.George, Chennai-9

2. The District Collector, Ramanathapuram District.

3. The Tahsildar, Kamuthi Taluk, Kamuthi, Ramanathapuram District.

+ 1 CC TO Mr.S.PON SENTHIL KUMARAN, ADVOCATE IN SR No. 49287 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 49371 TSG TE/SV-MMS/SAR-3 : 07/06/2018 : 2P/6C W.P.(MD).No.433 of 2018 15.02.2018 https://hcservices.ecourts.gov.in/hcservices/