Madras High Court
K. Murukesa Pillai vs The State Of Tamil Nadu on 12 November, 2021
W.P.(MD) No.2508 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.11.2021
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No. 2508 of 2018
K. Murukesa Pillai
.. Petitioner
Vs.
1. The State of Tamil Nadu,
Represented by its Principal Secretary to Government,
Rural Development Department,
Chennai.
2. The Director,
Rural Development and Panchayatraj
Department,
Panagal Building,
Saidapet, Chennai -15.
3. The Accountant General,
(Accounts & Entitlement Tamil Nadu),
361, Anna Salai,
Chennai – 78.
4. The District Collector,
Office of the Collectorate,
Kanyakumari District,
at Nagercoil.
.. Respondents
_____________
Page No.1 of 9
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.2508 of 2018
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
for the issuance of Writ of Mandamus, directing the second respodent
herein to consider the proceedings of fourth respondent in
No.E1/5552/2016 dated 28.09.2017 and to extend the benefits of G.O.
(Ms).No. 85 Rural Development & Panchayatraj (PA-4) Department dated
11.09.2012 & G.O.(Ms) No. 162 Rural Development & Panchayatraj
(PA-4) Dapartment dated 23.12.2014 to the petitioner in the light of order
of W.P.(MD).No. 5049 and 5607 of 2015 dated 27.04.2015 and pass orders.
For Petitioner : M/s. A.P. Muthu Pandian
For Respondents : Mr. K.S. Selvaganesan
Additional Government Pleader
for R1, R2 and R4
Mr. P. Gunasekaran
for R3
ORDER
Heard Mr. A.P. Muthu Pandian, learned counsel for the petitioner, Mr.
Selvaganesan, learned Additional Government Pleader for R1, R2 and R4
and Mr.Gunasekaran, learned counsel for R3. They bring to my attention an
order passed by me in W.P.(MD).No.2624 of 2018 and batch on 09.11.2021,
which, they state, would apply on all fours to the present case as well.
_____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.2508 of 2018
2. The aforesaid order reads as follows:
5. This Court, by order dated 27.04.2015,
has granted the identical benefits as sought for by
the petitioners before me, in the case of 16 retired
Block Development Officers and paragraph No.5
of the order is extracted below:
“5.In view of the admitted
facts, it is obligatory on the part of
the respondents to treat the
petitioners alike. Hence, there shall
be a mandamus to the respondents to
pay increments and other monitory
benefits to the petitioners for the
training period in the posts held by
the petitioners continuously upto the
date of retirement and consequently
grant increments and pensionary
benefits and revise the monthly
pension of the petitioners, with all
monetary and other benefits. Eight
weeks time from the date of receipt of
the order is given for processing and
implementation of the orders.”
6. A tentative attempt is made by the learned
counsel appearing for R3, relying upon the
judgment of the Hon'ble Supreme Court in the case
of C.Jacob vs. Director of Geology and Mining,
Trichy reported in (2018 (10) SCC 115), to the
effect that the impugned communication dated
17.11.2017, is only a response to representation
made by the petitioners and it will not, by itself,
revitalise a stale claim.
7. The order of rejection does not state
anywhere that the claims made of the petitioners
was stale and the only reason adduced is that the
_____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.2508 of 2018
petitioners have not approached the Court by way
of a separate writ petition. In my view, this
reasoning is liable to be rejected straightaway in
light of the proceedings of the Director of Rural
Development and Panchayat Raj, R2, dated
28.12.2015.
8. The aforesaid communication captures the
gist of the issue under resolution and R2, in
conclusion states, that the claims of similarly
placed persons must be considered, subject to their
furnishing sufficient proof of employment, even if
they have not approached the Court.
9. He goes on to say that such claims must be
considered upon they furnishing sufficient proof,
without even the necessity for a counter need to be
filed in such matters. The intention of the
respondents to settle claims raised on this score,
without agitating the same, is thus apparent.
10. Communication dated 28.12.2015 is
extracted in full:-
“Many of the staff recruited as
Grama Sevak/RWO Grade II and
undergone training in the cadre of
Grama Sevak/RWO Grade II and retired
subsequently in various posts in Rural
Development and Panchayat Raj
Department have filed Writ Petitions in
the Madras High Court and Madurai
Bench of Madras High Court with a
prayer as specified below:
I. To pay increments for the
training period in the post held by them
as on 30.7.1992 continuously up to the
date of retirement.
II. And consequently take into
account the said increments in the
pensionary benefits and in the monthly
_____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.2508 of 2018
pension.
III. With all monetary and other
attendant benefits as per G.O(Ms) No.
85, Rural Development and Panchayat
Raj Department, dated 11.09.2012
based upon the order passed by the
Hon'ble Court in W.P.No.33981/2005
and 39046/2005 dated 05.07.2011.
In this regard, the following
decisions were taken in the meeting with
Finance Secretary on 04.11.2015 to
avoid further litigation.
1. Cases of similarly placed persons
covered in various judgments can
be considered, if they furnish
sufficient proof for their
employment without approaching
the Court.
2. Cases of those individuals who
have already approached the
Court can also be considered if
they furnish sufficient proof. In
such cases, instead of filing Reply
Affidavit, Court may be informed
of the action taken by the
Department to settle the issue.
Cases of those individuals who
have furnished sufficient proof
and withdraw the Court case may
also be considered.
3. In all such cases, the department
should satisfy the correctness of
the proof furnished by the
individuals, process and settle the
issue.”
11. In the light of the discussion as
_____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.2508 of 2018
aforesaid, order dated 17.11.2017 impugned in
W.P.(MD).No.2627 of 2018 is set aside R1 shall
sanction/approve the claim of the petitioners and
forward said approval to R3, who shall act upon
the same and pay over the amounts due, within a
period of three weeks from date of receipt of
approval from R1.
12. In the case of the other petitioners, let a
representation be made by them before R2
enclosing proof of their period of service, upon
receipt of which, necessary approval shall be
given by R1, within a period of one week from the
date of receipt of representation and R3 is
directed to pay over the amount due to them,
within a period of three weeks from the date of
receipt of approval.
13.These Writ petitions are allowed. No
costs.”
3. In addition, the respondents bring to my attention that the proposal
for payment of the benefits sought for by the petitioner is under process and
has been forwarded by R4, District Collector to R2, Director of Rural
Development and Panchayat Raj Department, where it is presently pending.
4. A direction is thus issued to R2 to pass appropriate orders upon the
representation of the petitioner dated 23.11.2016, set out at reference 1 in
proceedings bearing No. E1/5552/2016 dated 28.09.2017 of R2, and
dispose the same expeditiously.
_____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.2508 of 2018
5. All respondents, including R1 and R3, are directed to give
consequential effect to the order of R2 and the aforesaid exercise shall be
completed within a period of (eight) 8 weeks from date of uploading of a
copy of this order upon the official website of this court. The writ petition
is disposed as aforesaid. No costs.
12.11.2021
Index: Yes/No
Speaking/non-speaking
Internet: Yes
mnr
Note : In view of the present lock
down owing to COVID-19
pandemic, a web copy of the order
may be utilized for official
purposes, but, ensuring that the
copy of the order that is presented
is the correct copy, shall be the
responsibility of the
advocate/litigant concerned
_____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.2508 of 2018
To
1. The State of Tamil Nadu,
Represented by its Principal Secretary to Government,
Rural Development Department,
Chennai.
2. The Director,
Rural Development and Panchayatraj
Department,
Panagal Building,
Saidapet, Chennai -15.
3. The Accountant General,
(Accounts & Entitlement Tamil Nadu),
361, Anna Salai,
Chennai – 78.
4. The District Collector,
Office of the Collectorate,
Kanyakumari District,
at Nagercoil.
_____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.2508 of 2018
DR.ANITA SUMANTH, J.
mnr
W.P.(MD)No. 2508 of 2018
12.11.2021
_____________
https://www.mhc.tn.gov.in/judis
