Madras High Court
The Government Of Tamil Nadu vs K.Robert Wilson on 7 January, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)No.558 of 2014
and
M.P(MD)No.2 of 2014
1.The Government of Tamil Nadu,
Rep. by its Principal Secretary,
Department of School Education,
Fort St. George, Chennai.
2.The Principal Secretary,
Social Welfare and Nutritious Meal Programme,
Fort St. George, Chennai.
3.The Director of School Education,
College Road, Nungambakkam,
Chennai – 600 006.
4.The Chief Educational Officer,
Salem.
5.The Headmaster,
Government Higher Secondary School,
Kaverypuram – 635 303,
Mettur Via,
Salem District.
6.Principal Accountant General,
(Accounts and Entitlements),
Tamil Nadu,
No.361, Anna Salai,
Chennai – 600 018. ... Appellants / Petitioners
Vs.
K.Robert Wilson ... Respondent / Respondent
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2
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 27.06.2012 made in W.P(MD)No.8425 of 2011
on the file of this Court.
For Appellants : Mrs.S.Srimathy,
Special Government Pleader.
For Respondent : Mr.M.Saravanan
JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
The Writ Appeal is directed against the order in W.P(MD)No.8425
of 2011, which was decided along with other writ petitions, namely,
W.P(MD)Nos.7070, 7529 and 8287 of 2011 on 27.06.2012.
2.The appellants herein had preferred Writ Appeals against the
said order in W.P(MD)Nos.8287, 7070 and 7529 in W.A(MD)Nos.587,
605 and 606 of 2014 respectively and the said Writ Appeals along with
W.A(MD)No.1024 of 2014 and W.P(MD)No.1689 of 2014 were decided
by the Division Bench of this Court on 03.12.2014, allowing the Writ
Appeals by setting aside the order of the learned Single Judge, as
follows:
“27.A combined reading of G.O.(Ms) No.408, Finance
(Pension) Department, dated 25.08.2009; G.O.(Ms) No.6,
Social Welfare and Nutritious Meals Scheme Department,
dated 06.01.2010; G.O.No.41, Finance (Pension)
Department, dated 09.02.2010; and G.O.(Ms) No.34, Social
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Welfare and Nutritious Meals Scheme Department, dated
14.03.2013 and Rule 11 (4) of the Pension Rules would
clearly reveal that the respondents are not entitled to the
benefit of counting of 50% of their services rendered in Noon
Meal Programme and ICDS services. Accordingly, we are of
the considered opinion that the orders passed by the learned
Single Judge, warrant interference at the hands of this
Court.”
3.In view of the above, the same would enure to the present
Writ Appeal also. Accordingly, the Writ Appeal is allowed in terms of
the above Judgment. No costs. consequently, connected Miscellaneous
Petition is closed.
[P.S.N.,J] [S.K.,J.]
07.01.2021
Index :Yes/No
Internet :Yes/No
ps
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PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
ps
To
1.The Principal Secretary,
Rep. by the Government of Tamil Nadu,
Department of School Education,
Fort St. George,
Chennai.
2.The Principal Secretary,
Social Welfare and Nutritious Meal Programme,
Fort St. George,
Chennai.
3.The Director of School Education,
College Road, Nungambakkam,
Chennai – 600 006.
4.The Chief Educational Officer,
Salem.
5.The Headmaster,
Government Higher Secondary School,
Kaverypuram – 635 303,
Mettur Via,
Salem District.
6.Principal Accountant General,
(Accounts and Entitlements),
Tamil Nadu,
No.361, Anna Salai,
Chennai – 600 018.
W.A(MD)No.558 of 2014
07.01.2021
http://www.judis.nic.in
