Madras High CourtWP(MD)/10741/2023disposed of

Vellaichamy M v. The District Collector

2023-06-30Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.10741 of 2023 M.Vellaichamy ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai.

3.The Tahsildar, Devakottai.

4.The Tahsildar, Karaikudi.

... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the respondents to pay the petitioner minimum pension, as given to similarly placed persons, in terms of G.O. Ms.No.158 (Standing) Revenue (Service 8(2)) Department dated 08.04.2015 from the date of his retirement on 31.08.2006. Petitioner : Mr.V.R.Shanmuganathan For Respondents : Mr.G.Suriyanath, Additional Government Pleader

COMMON ORDER Heard the learned counsel on either side.

2.The petitioner is a senior citizen aged 75 years. He worked as Village Karnam till the post was abolished on 14.11.1980. The petitioner was appointed as Village Assistant on 04.01.1991. He worked in that capacity till 25.06.2000. He was reappointed on 26.06.2000 and retired on 31.08.2006. The petitioner has not completed ten years of full regular service. Hence, he is not entitled to regular pension. Considering his services, he is entitled to be paid minimum pension as per G.O Ms.No. 158 (Standing) Revenue (Service 8(2) Department dated 08.04.2015. 3.The first respondent is directed to consider the case of the petitioner based on his representation dated 28.11.2022 on merits and in accordance with law. The first respondent shall bear in mind the principle that if similarly placed persons have been granted benefit, the petitioner's request shall not be denied. An appropriate order shall be passed within a period of eight weeks from the date of receipt of copy of this order.

4.This writ petition I disposed of. No costs. 30.06.2023 Index : Yes / No Internet : Yes/ No SKM To 1.The District Collector, Sivagangai District, Sivagangai. 2.The Revenue Divisional Officer, Devakottai. 3.The Tahsildar, Devakottai.

4.The Tahsildar, Karaikudi.

G.R.SWAMINATHAN, J.

SKM WP(MD)No.10741 of 2023 30.06.2023