The State Of Tamilnadu v. D.A.Ramar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2019
CORAM:
THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI W.A.(MD).Nos.966 to 969 of 2019 and C.M.P.(MD).Nos.8690, 8691, 8693 and 8694 of 2019 1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.
2.The Additional Chief Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.
3.The District Collector, Madurai District, Madurai.
... Appellants/Respondents in all W.As Vs.
1.D.A.Ramar ..Respondent/Petitioner in W.A(MD).No.966/19 2.S.Raju ..Respondent/Petitioner in W.A(MD).No.967/19 3.M.Subramanian ..Respondent/Petitioner in W.A(MD).No.968/19 4.R.Rajagopalan ..Respondent/Petitioner in W.A(MD).No.969/19 COMMON PRAYER: Writ Appeals filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P.(MD).Nos.20146 to 20149 of 2014, dated 22.01.2019.
Common Prayer in WP(MD).Nos.20146 to 20149 of 2014 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st and 3rd respondents i.e. the Prinicpal Secretary to Government, Revenue Department, Chennai and the District Collector, Madurai to send revised pension proposals to the Accountant General, Chennai calculating half of the services put in by the petitioner as Headman within a specified time frame that may be fixed by this Court.
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For Appellants : Mr.A.K.Baskara Pandian in all W.As Special Government Pleader For Respondents in all W.As : Mr.S.Visvalingam COMMON JUDGMENT [Judgment of this Court was made by T.S.SIVAGNANAM, J.] Heard Mr.A.K.Baskara Pandian, learned Special Government Pleader appearing for the appellants and Mr.S.Visvalingam, learned counsel appearing for the respondent.
2.These appeals are directed against the orders passed in W.P.(MD).Nos.20146 to 20149 of 2014, dated 22.01.2019. 3.The writ petitions filed by the respondents to direct the appellants to send the revised pension proposal by calculating half of the services put in by the respondent as Headman/Karnam. The learned Writ Court allowed the writ petitions following the earlier order.
4.The learned Special Government Pleader appearing for the appellants would strenuously contend that the post of Village Karnam is distinct from that of the other post, which was considered by this Court as well as the Principal Bench and those decisions cannot be applied to the cases on hand.
5.However, we find that the cases pertaining to the post of Village Karnam /Headman was subject matter in batch of cases both before the Principal Bench as well as the Madurai Bench and all those writ petitions were allowed and one such batch being in W.P. (MD).No.7217 of 2015 dated 02.08.2017. That apart, there are more than two Division Bench decisions of this Bench in W.A.No.844 of 2018 dated 03.07.2918 and the Writ Petition in W.P.(MD).Nos.1065 and 1067 of 2018, dated 17.09.2018 filed by the Government, which was dismissed and in all those cases, the respondents/writ petitioners were former Village Karnam/Headman.
6.Therefore, we find that there is no error in the order passed by the learned Single Judge. Accordingly, these Writ Appeals are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Ns 2/3
To 1.The Principal Secretary to Government, State of Tamil Nadu, Revenue Department, Secretariat, Chennai-600 009.
2.The Additional Chief Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.
3.The District Collector, Madurai District, Madurai.
+4 CC to M/s.S.VISVALINGAM, Advocate, SR-88805 to 88808 +1 CC to M/s.GP ( SR-89402[F] dated 25/09/2019 ) W.A.(MD).Nos.966 to 969 of 2019 and C.M.P.(MD).Nos.8690, 8691, 8693 and 8694 of 2019 24.09.2019 JMN(06.11.2019) 3P : 9C 3/3