Madras High CourtWP(MD)/5308/2018disposed of

C.Umaiyandi, S/O.Late Silamban v. The Govt.Of T.N. Rep By

2018-03-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.5308 of 2018 C.Umaiyandi ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep.by its Principal Secretary, Finance Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Collector, Trichy District, Trichy.

4.The Revenue Divisional Officer, Srirangam, Trichy District.

5.The Tahsildar, Marungapuri Taluk, Trichy District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to award pensionary benefits of petitioner's father Silamban Ambalam for his services as Thalayari (Village Assistant) between 13.03.1968 and 30.06.2000 in the light of the judgment passed by this Court in WA(MD)No.16 of 2009 and G.O.Ms.No.173, Revenue Department dated 29.05.2014 and G.O.Ms.No.33, Revenue Department, dated 25.01.2010, with all attendant and monetary benefits and pay the same to the petitioner, within the time frame. For Petitioner : Mr.R.Subramaniam For Respondents : Mr.K.Saravanan, Government Advocate

ORDER

Mr.K.Saravanan, learned Government Advocate takes notice for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 2.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3.The petitioner's father was working as a Thalayari (Village Assistant). His service was spread over for more than 32 years i.e., from 1968 to 2000. He passed away in the year 2012. The petitioner's case is that the service rendered by his father even prior to 1995 ought to be taken into account. 4.This Court had held in more than one case that 50% of the said service shall be taken into account for pensionary purpose. In this regard, the petitioner has given a representation dated 19.02.2018. Till date, the said representation has not been considered. The first respondent is directed to pass orders on the representation of the petitioner dated 19.02.2018 on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

5.This writ petition is disposed of accordingly. No costs. Sd/ Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government of Tamil Nadu, Finance Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Collector, Trichy District, Trichy. 4.The Revenue Divisional Officer, Srirangam, Trichy District. 5.The Tahsildar, Marungapuri Taluk, Trichy District. +1cc to M/s.Special Government Pleader,SR.No. 55145 +1cc to Mr.R.Subramanian, Advocate, SR.No. 54895 W.P(MD)No.5308 of 2018 13.03.2018 skm KK/SKN RSK/15.03.2018/SAR-4/2P-8C https://hcservices.ecourts.gov.in/hcservices/