Ramachandran v. The Government Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.3465 of 2015 Ramachandran ...

Petitioner Vs.

1.The Government of Tamil Nadu, Rep.by its Secretary, Rural Development Department, Fort St.George, Secretariat, Chennai 600 009.

2.The Director of Rural Development, Panagal Building, Saidapet, Chennai 600 005.

3.The District Collector / Inspector of Panchayats, Viruthunagar District, Viruthunagar.

4.The Accountant General, No.361, Anna Salai, Chennai 600 015.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to sanction the pension and other retirement benefits to the petitioner from the date of retirement taking into account petitioner's entire period of service including 50% of the services rendered by the petitioner as part time Panchayat Clerk / Panchayat Assistant.

For Petitioner : Mr.V.Kannan For Respondents : Mr.S.Dhayalan, G.A.for R1 to 3 Mr.P.Gunasekaran, for R4

O R D E R

The petitioner has come forward with the present Writ petition to issue a Writ of Mandamus, directing the respondents to sanction the pension and other retirement benefits to him from the date of retirement by taking into consideration of his entire period of service including 50% of the services rendered by him as part time Panchayat Clerk / Panchayat Assistant.

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2.It is represented by the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3, the issue involved in the present Writ petition is covered by a judgment of this Court in W.P.(MD)Nos.9105 of 2014 etc., batch dated 30.06.2014.

3.In view of the same, this Court is of the view that the petitioner is entitled to succeed in this Writ petition as his case is identical to the one of the orders passed by this Court in W.P.(MD)Nos.9105 of 2014 etc. batch (cited supra). 4.Accordingly, the respondent concerned is directed to count 50% of the past service rendered by the petitioner as part-time Panchayat Clerk along with his regular service for the purpose of calculating pension and pay the pensionary benefits within a period of 8 weeks from the date of receipt of a copy of this order. The Writ petition is disposed of. No costs. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Secretary, Rural Development Department, Fort St.George, Secretariat, Chennai 600 009.

2.The Director of Rural Development, Panagal Building, Saidapet, Chennai 600 005.

3.The District Collector / Inspector of Panchayats, Viruthunagar District, Viruthunagar.

+1cc to Mr.V.Kannan, Advocate SR.No.78093 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.78046 Nbj MK/SKN/SAR 1/04.09.2018/2P/6C W.P.(MD)No.3465 of 2015 10.08.2018 https://hcservices.ecourts.gov.in/hcservices/