V.Murugesan, v. The Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)Nos.21512 to 21514 of 2016 V. Murugesan ... Petitioner in WP(MD).21512/16 S.Palanikumar ... Petitioner in WP(MD).21513/16 R.Sithaiyan ... Petitioner in WP(MD).21514/16 Vs.
1.Secretary to Government, Fort. St. George, Chennai - 600 009.
2.The Accountant General, Office of the Accountant General, Tenampet, Anna Salai, Chennai.
3.The Commissioner/ Secretary, Directorate of Rural Development, Panagal Mazhigai, Saidapet, Chennai - 15 .. Respondents in all W.Ps.
COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioners representations, dated 26.08.2016, 08.09.2016 and 09.09.2016 respectively for counting the entire temporary services of the petitioners worked in the cadre of Field Surveyor - Cum - Draftsman and Section Writer in the Department of Survey and land record for pension purpose and accordingly revise the petitioner's pension and pensionary benefits and to pay the consequential arrears, within a stipulated time to be fixed by this Court in the light of the Judgment rendered in Ganapathy Vs. State of Tamil Nadu rep. by its Principal Secretary to Government, Revenue Department, Chennai reported in 2013 (2) MLJ 399.
For Petitioners : Mr. V.P. Rajan in all W.Ps.
For R1 and R3 : Mr. S. Angappan Government Advocate in all W.Ps.
For R2 : Mr. P. Gunasekaran in all W.Ps.
COMMON ORDER These Writ Petitions have been filed to direct the respondents 1 and 2 to consider the petitioners' representations dated 26.08.2016, 08.09.2016 and 09.09.2016 respectively, for counting their entire temporary services worked in the cadre of Field Surveyor-Cum- Draftsman and Section Writer and accordingly revise the pension and pay the pensionary benefits along with arrears, within a time frame to be fixed by this Court.
2. At the time of hearing, the learned counsel appearing for the petitioners submitted that though a larger relief is sought for in these Writ Petitions, it would suffice, if a direction is issued to the respondents to consider and pass orders on the fresh representation to be submitted by the petitioners, highlighting all the factual matrix along with supporting documents, for which, the learned counsel appearing for the respective respondents have no serious objection.
3. In view of the limited relief now sought for by the learned counsel for the petitioners, which has been agreed by the learned counsel for the respective respondents, these Writ Petitions are disposed of directing the petitioners to give a fresh representation to the concerned respondent, within a period two weeks from the date of receipt of a copy of this order and on receipt of such representations, the same shall be considered and appropriate orders be passed by the concerned respondent, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioners, within a period of eight weeks, thereafter. No costs.
Sd/- Assistant Registrar (Crl Side) // True Copy // Sub Assistant Registrar(CS) To 1.The Secretary to Government, Fort. St. George, Chennai - 600 009.
2.The Accountant General, Office of the Accountant General, Tenampet, Anna Salai, Chennai.
3.The Commissioner/ Secretary, Directorate of Rural Development, Panagal Mazhigai, Saidapet, Chennai - 15.
+1cc to Mr.P.GUNASEKARAN, Advocate, SR.No.56906 WP(MD)Nos.21512 to 21514 of 2016 26.03.2019 TRP KK/SAR/08.05.2019/ 3P- 5C