Madras High Court
Unknown vs P.Thurai Nadar on 17 February, 2021
W.A.(MD)No.351 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.351 of 2021
and
C.M.P.(MD)No.1210 of 2021
1.The State of Tamil Nadu,
Rep. by its Secretary,
Department of Municipal Administration and
Water Supply Department,
Fort St.George, Chennai – 600 009.
2.The Director,
Local Fund Audit Department,
4th Floor, Kuralagam,
Chennai – 600 108.
3.The Director of Town Panchayat,
Kuralagam Buildings,
Chennai – 600 108.
Presently at
Urban Administration Office Complex,
7th & 8th Floor, MRC Nagar,
Chennai – 28.
4.The Assistant Director,
Local Fund Audit Department,
Nagercoil, Kanyakumari District.
1/4
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W.A.(MD)No.351 of 2021
5.The Assistant Director,
Town Panchayat, Collectorate Campus,
Nagercoil, Kanyakumari District.
6.The Executive Officer,
Valvachakostam Town Panchayat,
Palliyadi Post, Kanyakumari District. : Appellants
Vs.
P.Thurai Nadar : Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the
order dated 08.11.2019 made in W.P.(MD)No.6569 of 2017.
For Appellants : Mr.K.Chellapandian,
Additional Advocate General
Assisted by
Mr.K.P.Krishnadoss,
Special Government Pleader
For Respondent : Mr.T.Cibi Chakraboorthy
*****
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
The appellants have come forward to file this writ appeal challenging the
order of the learned Single Judge, by which, the writ petition filed was allowed,
inter alia, holding that the respondent / writ petitioner, despite being regularized
after 01.04.2003, is entitled to the regular pension. The learned Single Judge had
placed reliance upon the order of the Division Bench governing the said issue.
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W.A.(MD)No.351 of 2021
2. Today, when the matter is taken up for hearing, the learned Additional
Advocate General appearing for the appellants and the learned Counsel appearing
for the respondent / writ petitioner submitted that the issue is no longer res
integra. A Full Bench of this Court in W.A.Nos.158 of 2016, etc., batch, dated
03.12.2019, was pleased to hold that the Government servant, whose service was
regularized after 01.04.2003, will not be entitled to count half of the past service
for the purpose of determining the qualifying service for pension.
3. In view of the aforesaid position, the order passed by the learned Single
Judge in W.P.(MD)No.6569 of 2017, dated 08.11.2019, stands set aside and the
writ appeal stands ordered accordingly. We place on record the fair submission
made by the learned Counsel appearing for the respondent / writ petitioner. There
shall be no order as to costs. Consequently, connected miscellaneous petition is
closed.
Index : Yes / No [M.M.S.,J.] [S.A.I.,J.]
Internet : Yes 17.02.2021
gk
http://www.judis.nic.in
W.A.(MD)No.351 of 2021
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
gk
W.A.(MD)No.351 of 2021
17.02.2021
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