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Madras High CourtWA(MD)/709/2021dismissed

P.Pattu, v. The State Of Tamil Nadu,

2021-03-29Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI P.Pattu :Appellant Vs.

1.The State of Tamilnadu Rep. by its Secretary Department of Municipal and Water Supply Department Fort St. George, Chennai - 600 009.

2.The Director Local Fund Audit Department 4th Floor, Kuralagam Chennai 600 108 3.The Assistant Director, Office of the Director, Local Fund Audit Department 4th Floor, Kuralagam Chennai.

4.The Director of Town Panchayat, Kuralagam Buildings, Chennai.

5.The Assistant Director, Local Fund Audit Tirunelveli, Tirunelveli District.

6.The Assistant Director, Town Panchayat, Kokirakulam Tirunelveli, Tirunelveli District.

7.The Executive Officer, Nazreth Special Grade Town Panchayat, Nazreth, Thoothukudi Thoothukudi District.

: Respondents PRAYER: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.(MD) No.2600/2021 dated 12.02.2021. Prayer in WP(MD). 2600/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court ( S-12 )To issue an appropriate Writ , order or Direction in the nature of a Writ of 1/3

Mandamus directing the respondents herein to sanction and disburse forthwith the pension benefits due to the petitioner's husband under Old Pension Scheme viz., the General Provident Fund , Gratuity , Family Pension admissible to the petitioners husband and pass such further or other order as this Honble Court may deem fit for the facts and circumstances of this case and thus render justice. For Appellant : Mr.T.Cibi Chakraborthy For Respondents : Mr.K.P.Krishnadoss Special Government Pleader

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) The appellant seeks to reckon the services rendered by her husband prior to the period of regularization - 23.06.2006. A Full Bench of this Court in WA(MD) Nos.158 of 2016 etc., batch dated 03.12.2019 has held that any regularization happened after 01.04.2003 would be governed by the new Pension Rules and therefore, there is no question of reckoning the past services rendered under the old Rules. The learned counsel for the appellant also submitted that the issue is covered by the judgment of the Full Bench. Accordingly, this writ appeal stands dismissed. No costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Secretary Department of Municipal and Water Supply Department Fort St. George, Chennai - 600 009.

2.The Director Local Fund Audit Department 4th Floor, Kuralagam Chennai 600 108 3.The Assistant Director, Office of the Director, Local Fund Audit Department 4th Floor, Kuralagam, Chennai.

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4.The Director of Town Panchayat, Kuralagam Buildings, Chennai.

5.The Assistant Director, Local Fund Audit Tirunelveli, Tirunelveli District.

6.The Assistant Director, Town Panchayat, Kokirakulam Tirunelveli, Tirunelveli District.

7.The Executive Officer, Nazreth Special Grade Town Panchayat, Nazreth, Thoothukudi Thoothukudi District.

+1 CC to M/s.SPL GP ( SR-14329[F] dated 30/03/2021 ) +1 CC to M/s.T.CIBI CHAKRABORTHY, Advocate ( SR-14414[F] dated 30/03/2021 ) 29.03.2021 KUN(CO) KB(29.04.2021) 3P 10C 3/3