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Madras High CourtWP(MD)/5746/2018allowed

K.Suruliraj, v. The Secretary To Government

2018-03-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)Nos.5746 to 5749 of 2018 K.Suruliraj ... Petitioner in WP(MD)No.5746 of 2018 Sethuraman ... Petitioner in WP(MD)No.5747 of 2018 Koodalingam ... Petitioner in WP(MD)No.5748 of 2018 Marichamy ... Petitioner in WP(MD)No.5749 of 2018 Vs.

1. The Secretary to the Government, Revenue Department, St.George Fort, Chennai - 9.

2. The Secretary to the Government, Finance Department, St.George Fort, Chennai - 9.

3. The District Collector, Virudhunagar District, Virudhunagar.

4. The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

... Respondents in all cases Common Prayer : Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to count the petitioner's service rendered as Thalayari prior to 01.06.1995 along with regular service for the purpose of pension and also direct the respondents to revise the pension of the petitioner based on the representation dated 05.12.2017 preferred by the petitioners.

For Petitioner in all cases : Mr.V.P.Rajan For Respondents in all cases : Mr.J.Gunaseelan Muthaiah, Additional Govt.Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

Mr.J.Gunaseelan Muthaiah, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, these writ petitions are taken up for disposal at the admission stage itself.

2.The petitioners' were working as Thalayari (Village Assistant). Their service was spread over for long years. The petitioners' case is that the services rendered by them even prior to 1995 ought to have taken into account for the purpose of calculating the pension.

3.This Court had held in more than one case that 50% of the said services rendered by a person who was working prior to 01.06.1995 shall be taken into account for pensionary purpose. In this regard, the petitioners have given representation dated 05.12.2017.

4.The first respondent is directed to sanction and pay pension to the writ petitioners by taking into account 50% of the services rendered by them prior to 01.06.1995 in the post of Village Assistant/Thalayari based on the said representations. These writ petitions are allowed. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Secretary to the Government, Revenue Department, St.George Fort, Chennai - 9.

2. The Secretary to the Government, Finance Department, St.George Fort, Chennai - 9.

3. The District Collector, Virudhunagar District, Virudhunagar.

4. The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

+ 4 ccs TO Mr.V.P.Rajan, Advocate in SR Nos.56143,56144, 56145, 56146 + 1 cc TO The Special Government Pleader in SR No. 56486 skm AE/SV MMS/SAR4/02.05.2018/2P/10C W.P(MD)Nos.5746 to 5749 of 2018 19.03.2018 https://hcservices.ecourts.gov.in/hcservices/