Madras High Court
The Government Of Tamil Nadu vs P.Dharmalingam on 17 April, 2021
WA.No.537/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.04.2021
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM
WA.No.537/2021
& CMP.No.2089/2021
1.The Government of Tamil Nadu
rep.by its Principal Secretary to
Government, Rural Development
and Panchayatraj Department
Fort St George, Chennai-9.
2.The Government of Tamil Nadu
rep.by the Principal Secretary to
Government, Finance Department
Fort St George, Chennai 600 009.
3.The Commissioner of Rural Development
and Panchayat Raj, Panagal Building
Saidapet, Chennai-15.
4.The District Collector,
Ramanathapuram District,
Ramanathapuram. .. Appellants
1
http://www.judis.nic.in
WA.No.537/2021
Versus
1.P.Dharmalingam
2.C.Kasinathan
3.I.Mani
4.T.Balusamy
5.P.Mangalasamy
6.S.Chinnappan
7.T.R.Viyasamoorthi
8.T.Padmanathan
9.R.S.Ravindranath
10.P.Muthukrishnan
11.K.Kottairaj
12.K.Uthayakumar ..Respondents
Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 30.06.2014 made in WP.No.34395/2013.
For Appellants : Mrs.A.Srijayanthi
Special Government Pleader
For Respondents : Mr.K.S.Viswanathan
JUDGMENT
[Judgment of the Court was delivered by M.SATHYANARAYANAN, J.,
through Video Conferencing]
1. By consent, the writ appeal is taken up for final disposal and is
disposed of by this judgment.
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WA.No.537/2021
2. Mr.K.S.Viswanathan, learned counsel accepts notice on behalf of the
respondents.
3. The official respondents in WP.No.34395/2013 are the appellants
herein. WP.No.34385/2013 filed by the private respondents/writ
petitioners along with two other writ petitions in WP.Nos.32579 and
34375/2013, came to be allowed by a common order dated
30.06.2014.
4. The writ petitions were filed for the issuance of a writ of certiorarified
mandamus calling for the records pertaining to paragraph No.4[b] of
G.O.Ms.No.77 Rural Development and Panchayat Raj [PA4]
Department dated 12.07.2013 of the 1st respondent and quash the
same insofar it relates to the writ petitioners with a further direction,
directing the official respondents to count 50% of the services
rendered by them in the post of part time Panchayat Clerk along with
regular service for the purpose of pension in accordance with
G.O.Ms.NO.39, Rural Development Department and Panchayat Raj
dated 13.06.2011.
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WA.No.537/2021
5. The learned Single Judge, has taken note of the fact that on a similar
issue, a common order dated 27.06.2014 came to be passed in
WP.No.23847/2013 batch etc., and having taken note of the rival
submissions and that the matter in issue in the said writ petitions, viz.,
WP.Nos.34375, 34395 and 32579/2013, are also covered by the said
decision, has allowed the writ petitions.
6. The learned Special Government Pleader appearing for the appellants
would submit that G.O.Ms.No.39 of the 1st respondent-Department
dated 13.06.2011 applies only to the employees of the said
Department, unlike G.O.Ms.No.408, Finance [Pension] Department
dated 25.08.2009 and the said aspect has not been taken into
consideration and hence, prays for interference.
7. Per contra, the learned counsel appearing for the respondents/writ
petitioners would submit that on a similar challenge made in
WA.No.430/2021, this Court has dismissed the said writ appeal vide
judgment dated 15.04.2021.
8. This Court has considered the rival submissions and also perused the
materials placed before it.
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WA.No.537/2021
9. The common order dated 27.06.2014 made in WP.No.23847/2013
batch etc., have been considered in the subsequent order passed in
WP.No.24465/2005 and it is relevant to extract the following
paragraphs:-
''6.It is contended before this Court that as per
the statutory rule and G.O.77, the service rendered by
the part time panchayat clerk shall not be taken into
account for the purpose of pension. Accordingly,
GO.39 stands modified under GO.77.
7.However, the learned counsel for the
petitioner would meet out the objection raised on the
side of the respondents on the following two
grounds:[1]when GO.39 is intended to benefit few
persons, there cannot be any discrimination in
respect of the petitioners who are similarly placed and
[ii]as per clause 4[c] of GO.77 the right accrued to
the persons who retired prior to the issuance of GO.77
shall not stand affected by the subsequent GO. This
Court finds greater force in the argument so advanced
on the side of the petitioner.
8......
9......
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WA.No.537/2021
10.Hence, the respondents are directed to count
50% of the service rendered by the deceased first
petitioner and the 3rd petitioner as part time
panchayat clerk and the subsequent service rendered
by them in full time regular employee for the purpose
of pension and grant pension accordingly within a
period of twelve weeks from the date of receipt of a
copy of this order. The benefit of this order may also
be extended to the 2nd petitioner/legal heirs as and
when they approach the respondents in this regard.''
10. It is also brought to the knowledge of this Court that the said orders
have also been complied with.
11. Therefore, by applying the principle of parity, this Court is not
inclined to interfere with the impugned order.
12. In the result, the writ appeal is dismissed, confirming the order dated
30.06.2014 made in WP.No.34395/2013. The official
respondents/appellants herein are directed to comply with the
impugned order, confirmed in this writ appeal, within a period of
twelve weeks from the date of receipt of a copy of this order/uploading
of the order in the website and communicate the decision taken, to the
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WA.No.537/2021
respondents/writ petitioners and others. No costs. Consequently, the
connected miscellaneous petition is closed.
[MSNJ] [PRMJ]
17.04.2021
AP
Internet: Yes
To
1.The Principal Secretary to Government,
Government of Tamil Nadu
Rural Development and Panchayatraj Department
Fort St George, Chennai-9.
2.The Principal Secretary to Government,
Government of Tamil Nadu
Finance Department
Fort St George, Chennai 600 009.
3.The Commissioner of Rural Development
and Panchayat Raj, Panagal Building
Saidapet, Chennai-15.
4.The District Collector,
Ramanathapuram District,
Ramanathapuram.
http://www.judis.nic.in
WA.No.537/2021
M.SATHYANARAYANAN, J.,
AND
P.RAJAMANICKAM, J.,
AP
WA.No.537/2021
17.04.2021
http://www.judis.nic.in
