The Principal Secretary To ... vs K.Selvaraj
2021 Latest Caselaw 9190 Mad

                                                                      W.A.(MD)No.821 of 2021




                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 07.04.2021

                                                  CORAM:

                               THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
                                                    AND
                                   THE HONOURABLE MRS.JUSTICE S.ANANTHI


                                           W.A.(MD)No.821 of 2021
                                                    and
                                          C.M.P.(MD)No.3643 of 2021


                1.The Principal Secretary to Government of Tamil Nadu,
                   Rural Development and Panchayat Raj Department,
                   Fort St. George,
                   Chennai – 600 009.


                2.The Director of Rural Development and Panchayat Raj,
                   Panagal Building,
                   Chennai – 600 015.


                3.The District Collector,
                   Ramanathapuram,
                   Ramanathapuram District.                                 : Appellants
                                                     Vs.

                K.Selvaraj                                                  : Respondent




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https://www.mhc.tn.gov.in/judis/
                                                                             W.A.(MD)No.821 of 2021




                PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,

                praying to set aside the judgment dated 24.04.2019 in W.P.(MD)No.18368

                of 2017, on the file of this Court.

                                           For Appellants : Mr.K.P.Krishnadass
                                                            Special Government Pleader
                                           For Respondent : Mr.A.R.Kannappan


                                                       JUDGMENT

*************** [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]

Heard Mr.K.P.Krishnadass, Special Government Pleader,

appearing for the appellants and Mr.A.R.Kannappan, learned Counsel

appearing for the respondent.

2.This appeal by the Government is directed against the order

dated 24.04.2019 in W.P.(MD)No.18368 of 2017.

3.The only ground which is canvassed before us by the learned

Special Government Pleader is that the learned Single Bench has granted

relief to the writ petitioner by taking note of G.O.Ms.No.39 dated

13.06.2011, which provides for counting 50% of the service as part-time

Panchayat Clerk for pension. However, the said Government Order was

withdrawn under G.O.Ms.No.77 dated 12.07.2013.

https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.821 of 2021

4.As rightly pointed out by the learned Counsel for the

respondent / writ petitioner, this issue was considered by the Hon'ble

Division Bench in the case of Government of Tamil Nadu Vs.

P.V.Velliyangiri in W.A.No.431 of 2016 dated 11.04.2016 and

subsequently in the case of Government of Tamil Nadu Vs. Tamil

Nadu Rural Development Official's Association in W.A.No.1111 of

2016 dated 22.03.2018.

5.The learned Single Bench, after taking note of the above

decisions of the Division Bench has granted relief to the respondent / writ

petitioner. Hence, we find no ground to interfere with the order.

6.At this juncture, the learned Counsel for the respondent / writ

petitioner submits that the benefits which accrue to the respondent / writ

petitioner, pursuant to the direction issued in the writ petition may be

directed to be settled by the appellant within a time frame.

7.We note that the respondent / writ petitioner retired on

30.06.2008. Hence, the direction issued by the learned Writ Court be

implemented by the appellants within four [4] months from the date of

receipt of a copy of this order.

https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.821 of 2021

T.S.SIVAGNANAM, J.

AND S.ANANTHI, J.

MR

8.With the above observation, the Writ Appeal stands dismissed.

However, there shall be no order as to costs. Consequently, the connected

miscellaneous petition is closed.

                                                                 [T.S.S., J.]     &    [S.A.I., J.]
                                                                           07.04.2021
                Index              : Yes / No
                Internet : Yes / No
                MR




                                                                            JUDGMENT MADE IN
                                                                        W.A.(MD)No.821 of 2021

https://www.mhc.tn.gov.in/judis/