Madras High CourtWP(MD)/12354/2014dismissed

R. Thangavelan v. The Commissioner

2020-11-05Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.12354 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2020

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM W.P.(MD)No.12354 of 2014 R.Thangavelan ... Petitioner Vs.

The Commissioner, Panchayat Union, Aranthangi, Aranthangi Taluk, Pudukkottai District.

... Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to pay the petitioner pension commencing from 01.01.2010 at the rate of Rs.700/- or above per mensum.

For Petitioner : Mr.N.Balakrishnan For Respondent : Mr.C.M.Marichelliah Prabhu, Additional Government Pleader.

ORDER

The relief sought for in the present writ petition is to direct the respondent to pay the petitioner pension commencing from 01.01.2010 at the rate of Rs.700/- or above per mensum. 2.The petitioner states that he was appointed as Noon Meal Organizer as per the order of the Assistant Education Officer, Aranthangi in proceedings, dated 16.03.1983. The petitioner retired after attaining superannuation, on 30.06.2008. The petitioner states that as per communication of Personal Assistant to District Collector (Noon Meal), dated 29.04.2013, he is entitled for payment of pension from 01.01.2010 notwithstanding the fact that he had retired from service on 30.06.2008. However, the respondent has not considered the case of the petitioner for grant of family pension. 3.The aforesaid letter dated 29.04.2013 is enclosed at page No.

3 of the typed-set of the papers filed along with the writ petition. As per the said letter, the employees, who are all retired after 15.09.2008, are eligible to get special pension amount of Rs.700/- per month. In paragraph No.1 of the affidavit, the writ petitioner himself admitted the fact that he attained superannuation https://hcservices.ecourts.gov.

W.P.(MD) No.12354 of 2014 and retired from service, on 30.06.2008. Therefore, he is not entitled for special pension, even as per the letter dated 29.04.2013, which was relied by him.

4.In view of the fact that the petitioner is not fell within the cut off date fixed in the letter dated 29.04.2013, the relief as such sought for cannot be granted. Accordingly, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) gns To The Commissioner, Panchayat Union, Aranthangi, Aranthangi Taluk, Pudukkottai District.

+1 CC to M/s.GP ( SR-21494[F] dated 06/11/2020 ) W.P.(MD)No.12354 of 2014 05.11.2020 ARK(CO) TR(11.11.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2