A.Sakunthala v. The Director Of Local Fund

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.19175 of 2017 A.Sakunthala ... Petitioner vs.

1.The Director of Local Fund Audit, Kuralagam, Chennai-600 108.

2.The Commissioner, Thoothukudi Municipal Corporation, Thoothukudi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent vide rp9/3764/2016, dated 31.08.2016, to quash the same and consequently, to direct the respondents to provide with pensionary benefits to the petitioner, by virtue of the service of the petitioner's husband T.Arumugam under the 2nd respondent.

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For Petitioner : Mr.C.T.Perumal For R1 : Mr.R.Suresh Kumar Additional Government Pleader For R2 : Mr.V.S.Kishok Kumar *****

O R D E R

This writ petition is filed for issuance of a writ of Certiorarified Mandamus, to quash impugned order dated 31.08.2016 of the 2nd respondent and consequently direct the respondents to provide with pensionary benefits to the petitioner, by virtue of the service of the petitioner's husband T.Arumugam under the 2nd respondent.

2. The petitioner's husband was recruited as NMR employee in the 2nd respondent Thoothukudi municipality on 28.02.1996. Subsequently, based on the order of the Court, the petitioner's husband's service was regularized through proceedings, dated 25.05.2006. Since the petitioner's husband was regularized after the cut off dated i.e. on 01.04.2003 the previous service rendered as NMR 2/4

employee cannot be taken into account.

3.This issue has already been decided by the Honourable Full Bench of this court in Government of Tamil Nadu and others VS R. Kaliyamoorthy reported in 2019 (6) CTC 705 and (2020) 2 MLJ 369. Therefore, the petitioner's claim cannot be considered.

4.Hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No 07.02.2023 Internet : Yes Tmg To The Director of Local Fund Audit, Kuralagam, Chennai-600 108.

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S.SRIMATHY, J Tmg 07.02.2023 4/4