Madras High Court
V. Bhaskar vs The Secretary To Government on 8 July, 2021
W.P. No.14132 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P. No.14132 of 2021
V. Bhaskar ... Petitioner
Vs
1. The Secretary to Government,
Municipal Administration and Water Supply
Department,
Fort St. George,
Chennai - 9.
2. The Director of Town Panchayat,
M.R.C. Nagar,
Chennai - 28.05.1999
3. The Executive Officer,
Podaturpettai Town Panchayat,
Thiruvallore District. ... Respondents
Petition filed under Article 226 of the Constitution of India praying
for the issuance of a writ of Mandamus directing the first respondent to
consider and pass orders on the petitioner's representation dated 18.1.2021
regarding cancellation of enrolment in the newly introduced Contribution
Pension Scheme and to bring the petitioner under Old Pension Scheme and
for the refund of subscription recovered from the petitioner towards New
Contributory Pension Scheme and as per Rule 11(4) of the Tamil Nadu
Pension Rules as amended in G.O. Ms.No.41 Finance (Pension)
1/6
https://www.mhc.tn.gov.in/judis/
W.P. No.14132 of 2021
Department, dated 09.02.2010 and in the light of the orders of Hon'ble High
Court Full Court Judgment in W.A. No.158 of 2016 dated 3.12.2019 within
a time limit.
For petitioner ... Mr.P.Manoj Kumar
For respondents ... Mr.C.Kathiravan,
Govt. Advocate
ORDER
By consent of both the parties, this writ petition is taken up for final
disposal at the time of admission itself.
2. The petitioner has filed this writ petition seeking for a Mandamus
to direct the to consider and pass orders on the petitioner's representation
dated 18.01.2021 regarding cancellation of enrolment in the newly
introduced Contributory Pension Scheme and to bring the petitioner under
Old Pension Scheme and for the refund of subscription recovered from the
petitioner towards New Contributory Pension Scheme.
https://www.mhc.tn.gov.in/judis/
W.P. No.14132 of 2021
3. According to the petitioner as per Rule 11(4) of the Tamil Nadu
Pension Rules as amended in G.O. Ms.No.41 Finance (Pension)
Department, dated 09.02.2010 and in the light of the orders of the Hon'ble
Full Bench judgment of this Court, dated 03.12.2019 in W.A. No.158 of
2016, the petitioner is eligible to fall under the old pension scheme. The
petitioner has given a representation on 18.01.2021 to the first respondent
requesting them to consider his case, whereby he has requested the first
respondent to place the petitioner under the old pension scheme.
Admittedly, the said representation has not been considered till date.
4. Heard Mr.A. Baskaran, learned counsel for the petitioner and
Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of
the 1st respondent.
5. No prejudice would be caused to the respondents, if the
representation of the petitioner, dated 18.01.2021 is considered on merits
and in accordance with law.
https://www.mhc.tn.gov.in/judis/
W.P. No.14132 of 2021
6. For the foregoing reasons, without going into the merits of the
case, this Court directs the first respondent to consider the petitioners'
representation, dated 18.01.2021 in the light of Rule 11 (4) of the Tamil
Nadu Pension Rules as amended in G.O. Ms.No.41 Finance (Pension)
Department, dated 09.02.2010 and in the light of the orders of the Hon'ble
Full Bench judgment of this Court, dated 03.12.2019 in W.A. No.158 of
2016 and pass final orders on merits and in accordance with law, within a
period of twelve weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, the writ petition stands disposed of.
No costs.
08.07.2021
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
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https://www.mhc.tn.gov.in/judis/
W.P. No.14132 of 2021
To
1. The Secretary to Government,
Municipal Administration and Water Supply
Department,
Fort St. George,
Chennai - 9.
2. The Director of Town Panchayat,
M.R.C. Nagar,
Chennai - 28.05.1999
3. The Executive Officer,
Podaturpettai Town Panchayat,
Thiruvallore District.
https://www.mhc.tn.gov.in/judis/
W.P. No.14132 of 2021
ABDUL QUDDHOSE, J.
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W.P. No.14132 of 2021
08.07.2021
https://www.mhc.tn.gov.in/judis/
