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Madras High CourtWP(MD)/20702/2018dismissed

T.Panneerselvam, v. The Principal Secretary To

2021-12-20Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2021

CORAM:

THE HONOURABLE DR JUSTICE ANITA SUMANTH T.Panneerselvam ... Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, Rural Development and Panchayat Raj, Secretariat,Chennai - 600 009.

2.The Director, Directorate of Rural Development and Panchayat Raj Development, Panagal Bulding, Saidapet, Chennai - 600 015.

3.The Principal Accountant General, (Accounts and Entitlement) No.361, Annasalai, Tenampettai,Chennai 600 018.

4.The District Collector, Trichy.

5.The Block Development Officer (Block), Thottiyam Panchayat Union, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus thereby direct the respondents to take into account 50% of the service rendered by the petitioner as Panchayat Assistant from 31.01.1986 to 01.07.2012 for pensionery benefits and accordingly fix the pension to the petitioner.

For Petitioner : Mr.Sekar for Mr.P.Ganapathi Subramanian For R1,R2,R4 & R5 : Mr.K.S.Selvaganesan Additional Government Pleader For R3 : Mr.P.Gunasekaran 1/3

O R D E R

On 15.12.2021, I have passed the following order, which is extracted hereunder:

The petitioner's prayer for a Mandamus directing the respondents to take into account 50% of his services as Panchayat Assistant from 31.01.1986 to 01.07.2012 for the purpose of disbursal of pensionary benefits is not liable to be accepted for the reason that the date of regularisation of the petitioner as admitted by him is 11.12.2012 beyond the cut off date of 01.04.2003 as set by the Full Bench of this Court in the case of Government of Tamil Nadu vs. R.Kaliyamoorthy 2020 (2) MLJ 369.

2. Learned counsel for the petitioner would seek a days time to get instructions. Hence, at his request, list on 20.12.2021.

2. Today, the learned counsel for the petitioner would concur on the aforesaid position. Hence, this petition is dismissed. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) CM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To, 1.The Principal Secretary to Government of Tamil Nadu, Rural Development and Panchayat Raj, Secretariat, Chennai - 600 009.

2.The Director, Directorate of Rural Development and Panchayat Raj Development, Panagal Bulding, Saidapet, Chennai - 600 015.

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3.The Principal Accountant General, (Accounts and Entitlement) No.361, Annasalai, Tenampettai, Chennai 600 018.

4.The District Collector, Trichy.

5.The Block Development Officer (Block), Thottiyam Panchayat Union, Trichy.

+1 CC to M/s.SPL.GP ( SR-39708[F] dated 21/12/2021 ) 20.12.2021 RK(30/12/2021) 3P 7C 3/3