C.Vembaiah Thevar v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.882 to 886 of 2018 C.Vembaiah Thevar
...Petitioner in W.P.(MD).No.882 of 2018
M.Karuppasamy
...Petitioner in W.P.(MD).No.883 of 2018
P.Balasubramanian
...Petitioner in W.P.(MD).No.884 of 2018
O.Paulsamy Reddiyar
...Petitioner in W.P.(MD).No.885 of 2018
S.Lakshmi
...Petitioner in W.P.(MD).No.886 of 2018
Vs.
1.The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St.George, Chennai.
2.The District Collector, Tuticorin District, Tuticorin.
... Respondents in all Petitions Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioners representation dated 02.11.2015 in the light of the orders passed in Writ Appeal No.204 to 211 of 2011 and the consequential G.O.(Ms).No.173, Revenue (Ser 8
(1) Department) dated 29.05.2014 for granting pensionary benefits from the initial date of appointment on 01.10.1963, 30.05.1957, 12.06.1981, 01.12.1972 and 01.06.1964 respectively. For Petitioners : Mr.V.Perumal in all Petitions For Respondents : Mrs.S.Srimathy Special Government Pleader in all Petitions COMMON ORDER Heard Mr.V.Perumal, learned counsel, appearing for the petitioners and Mrs.S.Srimathy, learned Special Government Pleader, appearing for the respondents.
2.By consent of both parties, the Writ Petitions themselves are taken up for final disposal.
https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioners were appointed as Assistants on various dates. They were regularised on 01.06.1995. They have subsequently
retired from service also. Their grievance is that 50% service put in by them prior to such regularisation on 01.06.1995 was not taken into account.
4.The Hon'ble Division Bench in more than one case has held that 50% of such service should be taken into account. The petitioners have therefore lodged representations in this regard. 5.The jurisdictional Tahsildar is directed to send revised pension proposals to the first respondent through the second respondent within a period of eight weeks from the date of receipt of a copy of this order. It is the duty of the second respondent herein to ensure such proposals are sent and upon receipt thereof, appropriate orders shall be passed by the first respondent revising the petitioners pension and the arrears shall also be disbursed shortly thereafter. The entire exercise shall be completed within a period of sixteen weeks from the date of receipt of a copy of this order.
6.The Writ Petitions are allowed accordingly. No costs. Sd/ Assistant Registrar(W) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St.George, Chennai.
2.The District Collector, Tuticorin District, Tuticorin.
3.The Tahsildar, Kovilpatti.
4.The Tahsildar, Kayathar.
+5cc to Mr.V.PERUMAL, Advocate, SR.No.55571,55572,55573,55574,55575 +1cc to M/s.Special Government Pleader,SR.No.555989 W.P.(MD).Nos.882 to 886 of 2018 15.03.2018 TSG KK/RSK/20.03.2018/SAR-2/2P-11C https://hcservices.ecourts.gov.in/hcservices/