Madras High Court
C.Mohanan vs 5 The Principal Accountant ... on 25 November, 2021
W.P.No. 20033 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.20033 of 2014
1 C.Mohanan
S/o.Chengee
No.33 Neeli Appadurai Street,
Ponneri, Thiruvallur District 601 204. ... Petitioner
Vs.
1 The Government of Tamilnadu
Rep. by its Secretary Rural Development
Department, Fort St. George, Chennai-9.
2 The Director of Rural Development
Department, Panagal Buildings,
Saidapet, Chennai-15
3 The District Collector,
Thiruvallur District, Thiruvallur.
4 The Block Development Officer,
Minjur Panchayat Union, Minjur,
Thiruvallur District 601 203.
5 The Principal Accountant General
(Accounts and Entitlements)
Tamilnadu, 361, Anna salai, Chennai-18. ... Respondents
1/5
https://www.mhc.tn.gov.in/judis
W.P.No. 20033 of 2014
Prayer : Writ petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorarified Mandamus, calling for the
records of the 5th respondent in his proceeding dated 29.10.2013 in
No.Pension.3/ IV/10309513/ADK and quash the same and consequently direct
the respondents herein to pay DCRG, Commutation of pension, monthly
pension, etc. with effect from 1.8.2013 with all arrears and other monetary
benefits with interest at the rate of 24% per annum with effect from 1.8.2013.
For Petitioner : Mr.K.Raja
For Respondents : Mr.T.Arunkumar, A.G.P.
*****
ORDER
According to the petitioner, the petitioner has entered into service
as Part Time Clerk in Minjur Panchayat Union in the year 1986. Thereafter, he
was promoted as Full time Clerk in the sanctioned post in the year 2001 and
subsequently, he was promoted as R.W.O. Grade II in the year 2006, again the
petitioner was promoted as R.W.O. Grade I in the year 2009 and attained
superannuation on 31.7.2013 as R.W.O. Grade I/Assistant in Minjur Panchayat
Union.
2. According to the counsel appearing for the petitioner, service
rendered by the petitioner in the Panchayat Union as Full time Clerk should be
taken into account to reckon the Pensionery benefits and the petitioner is
entitled Pension under old Pension Scheme. Learned counsel appearing for the
https://www.mhc.tn.gov.in/judis
W.P.No. 20033 of 2014
petitioner relied on the decision of the Full Bench judgment of this Court in
Government of Tamil Nadu, Rep. By Secretary to Government, Public Works
department, Secretariat, Chennai 9 vs. R.Kaliyamoorthy [W.A.Nos.158, 314-
317, 343 of 2016, etc. batch, dated 3.12.2019 wherein in para 45 (ii) of the
judgment, it was held that those Government servants/employees appointed
prior to 1.4.203 whether on Temporary or Permanent basis in terms of Rule
19(a) (i) of Tamil Nadu State and Subordinate Service rules will be entitled to
get pension as per the Tamil Nadu Pension Rules, 1978. In view of the aforesaid
Full Bench judgment, counsel appearing for the petitioner seeks petitioner's
request also to be considered by the respondent and pass appropriate orders.
3. The learned Additional Govt. Pleader appearing for the
respondents would submit that the request of the petitioner also will be
considered by the department by taking note of the Full Bench judgment of
this court and appropriate orders will be passed, provided the petitioner
satisfies the conditions laid down by this Court in the aforesaid judgment.
4. In view of the submissions made by the counsel for the parties,
without expressing any opinion on merit, this Court is inclined to direct the
petitioner to make representation to the 1st respondent within a period of two
https://www.mhc.tn.gov.in/judis
W.P.No. 20033 of 2014
weeks from today. On such representation being made by the petitioner, the
first respondent shall consider the same and pass appropriate orders, by taking
note of the decision rendered by the Full Bench cited supra, as expeditiously
as possible preferably within a period of 6 months from the date of receipt of
copy of this order.
5. In the result, the writ petition stands disposed of with the above
directions. No costs.
25.11.2021
Speaking / Non Speaking order
Index : Yes/No
Internet : Yes/No
vaan
To
1 The Secretary Rural Development,
Government of Tamilnadu, Rural Development Dept.,
Fort St. George, Chennai-9.
2 The Director of Rural Development Dept., Panagal Buildings,
Saidapet, Chennai-15
3 The District Collector,
Thiruvallur District, Thiruvallur.
4 The Block Development Officer,
Minjur Panchayat Union, Minjur, Thiruvallur District 601 203.
5 The Principal Accountant General (Accounts and Entitlements)
Tamilnadu, 361, Anna salai, Chennai-18.
https://www.mhc.tn.gov.in/judis
W.P.No. 20033 of 2014
D.KRISHNAKUMAR, J.
vaan
W.P.No.20033 of 2014
Dated: 25.11.2021
https://www.mhc.tn.gov.in/judis
