Madras High Court
The Government Of Tamil Nadu vs K.Selvaganesan on 10 August, 2021
W.A.No.2838 of 2018 and
C.M.P. No.23603 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2021
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE Mr.JUSTICE KRISHNAN RAMASAMY
W.A.No.2838 of 2018 and C.M.P. No.23603 of 2018
1.The Government of Tamil Nadu
Rep. by its Principal Secretary to
Government
Rural Development & Panchayat Raj
Department
Fort St. George,
Chennai - 600 009
2.The Director of Rural Development
& Panchayat Raj Department
Panagal Building
No.1, Jeenis Road
Saidapet,
Chennai - 600 015
3.The District Collector
Collectorate
Tiruvannamalai District ... Appellants
Vs.
1.K.Selvaganesan
2.The Accountant General
Accoounts and Entitlement
Nandanam, Chennai - 18 ...Respondents
***
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W.A.No.2838 of 2018 and
C.M.P. No.23603 of 2018
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent
against the order dated 28.04.2018 passed in W.P. No.11236 of
2018.
***
For Appellants : Mr.R.Neelagandan
State Government Counsel
For Respondents : Mr.V.Ravikumar for R1
JUDGMENT
(Delivered by PUSHPA SATHYANARAYANA, J.)
This intra-court appeal is filed against the order of the writ
court dated 28.04.2018 made in W.P. No.11236, by which the writ
court, following the judgments of two different Division Benches
dated 11.04.2016 made in W.A. No.431 of 2016 and 24.06.2016
made in W.A. No.612 of 2016, directed the appellants herein, to
count 50% of the service rendered by the writ petitioner in the post
of part time Panchayat Clerk from 01.11.1979 till 15.12.1992, along
with regular service rendered by the writ petitioner for the purpose
of granting pension and other pensionary benefits.
2. The issue regarding weightage to be given for the past
service came up for consideration before a learned single Judge in
W.P. No.19624 of 2014. The learned single Judge allowed the writ
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W.A.No.2838 of 2018 and
C.M.P. No.23603 of 2018
petition. The said order was confirmed by the Division Bench in W.A.
No.191 of 2016 by judgment dated 23.02.2016. Thereafter, two
different Division Benches by judgment dated 11.04.2016 made in
W.A. No.431 of 2016 and 24.06.2016 made in W.A. No.612 of
2016, allowed a similar prayer.
3. When the matter came up for hearing today, the learned
State Government Counsel representing the appellants, produced a
copy of the judgment of a Division Bench of this court dated
26.03.2019 made in W.A. No.983 of 2019, against the common
order passed in W.P. No.11235 of 2018, wherein the Division
Bench, has held that the earlier service either as part time or
temporary, are also to be taken to compute the total period for
pensionary benefits.
4. In the case on hand, the learned single Judge also followed
the earlier decisions rendered by the Co-ordinate Benches as well as
the Division Bench and hence the order of the writ court does not
warrant any interference by this court. Accordingly, the order of the
writ court is liable to be sustained.
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W.A.No.2838 of 2018 and
C.M.P. No.23603 of 2018
5. In the result, the writ appeal is dismissed. However, there
is no order as to costs. Consequently, the connected civil
miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
10.08.2021
Index : Yes / No
Internet : Yes / No
Asr
To
1.The Government of Tamil Nadu
Rep. by its Principal Secretary to
Government
Rural Development & Panchayat Raj
Department
Fort St. George,
Chennai - 600 009
2.The Director of Rural Development
& Panchayat Raj Department
Panagal Building
No.1, Jeenis Road
Saidapet,
Chennai - 600 015
3.The District Collector
Collectorate
Tiruvannamalai District
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W.A.No.2838 of 2018 and
C.M.P. No.23603 of 2018
PUSHPA SATHYANARAYANA, J.
AND
KRISHNAN RAMASAMY, J.
Asr
W.A.No.2838 of 2018 and
C.M.P. No.23603 of 2018
Date : 10.08.2021
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