Madras High Court
Unknown vs S.Nagaraj on 24 February, 2021
W.A.(MD)No.1516 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS. JUSTICE S.ANANTHI
W.A.(MD)No.1516 of 2019
1.The Director of Social Welfare,
O/o the Director of Social Welfare,
Saidapet, Chennai.
2.The Joint Director of Social Welfare (Administration)
O/o. the Joint Director of Social Welfare,
Chennai.
3.The Social Welfare Officer,
O/o. the Social Welfare Officer,
Panagal Maligai
Saidapet, Chennai.
4.The District Project Officer,
O/o the District Project Officer,
Multi Department Complex,
Behind Theni New Bus Stand,
Theni
5.The Child Development Officer,
O/o. the Child Development Office
Theni Rural, Theni.
1/5
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W.A.(MD)No.1516 of 2019
6.The Administrative Officer,
O/o. the Child Development Office,
Theni Rural,
Theni District. :Appellants
Vs.
S.Nagaraj : Respondent
PRAYER: Appeal filed under Clause 15 of the Letters Patent against the
order of this Court in W.P.(MD) No.20087/2019 dated 19.09.2019.
For Appellants : Mrs.J.Padmavathi Devi
Special Government Pleader
For Respondent : Mr.H.Mohammed Imran
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
The appeal is preferred against the order of the learned single
Judge, who, while setting aside the impugned order passed, directed the
appellants to grant the benefits by treating him as Junior Assistant.
2.The order passed by the learned single Judge is sought to be
assailed on two grounds, namely, probation has not been completed as
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W.A.(MD)No.1516 of 2019
Junior Assistant and there is a lack of qualification. On both these
grounds, the appeal deserves to be dismissed.
3.The probation has not been declared on the ground of lack of
qualification. Admittedly, the respondent was appointed as Junior
Assistant in the year 2010, thereafter he has worked for seven years.
Even on the date of retirement, he was working as Junior Assistant. The
Government order, which declares pre-foundation course is not
equivalent to 10th standard, has come into being in the year 2017. That is
the reason why the probation has not been declared. Even otherwise, the
appellants are non suited on the ground of acquiescence. It is not as if
the respondent sought for promotion. The promotion has been given by
the appellants being themselves. Having done so, they cannot deny the
consequential pensionary benefits. Admittedly, the respondent has
worked as Junior Assistant, even at the time of retirement.
4. Accordingly, the writ appeal stands dismissed. The pension will
have to be computed as per the order of the learned Single Judge within
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W.A.(MD)No.1516 of 2019
eight weeks from the date of receipt of a copy of this order in the cadre of
Junior Assistant. No costs. Consequently the connected Miscellaneous
Petition is closed.
[M.M.S., J.] & [S.A.I, J.]
24.02.2021
Index : Yes/No
Internet : Yes
RR
To
1.The Director of Social Welfare,
O/o the Director of Social Welfare,
Saidapet, Chennai.
2.The Joint Director of Social Welfare (Administration)
O/o. the Joint Director of Social Welfare, Chennai.
3.The Social Welfare Officer,
O/o. the Social Welfare Officer,
Panagal Maligai, Saidapet,Chennai.
4.The District Project Officer,
O/o the District Project Officer,
Multi Department Complex,
Behind Theni New Bus Stand, Theni
5.The Child Development Officer,
O/o. the Child Development Office
Theni Rural, Theni.
http://www.judis.nic.in
W.A.(MD)No.1516 of 2019
M.M.SUNDRESH, J
AND
S.ANANTHI, J
RR
6.The Administrative Officer,
O/o. the Child Development Office,
Theni Rural,
Theni District.
Order made in
W.A.(MD)No.1516 of 2019
24.02.2021
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