Madras High Court
M. Boopathy vs The Government Of Tamil Nadu on 6 April, 2022
W.P.Nos.5147, 5151 & 5156 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No. 5147 of 2021
M. Boopathy .. Petitioner
Vs.
1. The Government of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Rural Development & Panchayat Raj Department,
Fort St. George, Chennai- 600009.
2.The Director of Rural Development & Panchayat Raj,
Panagal Building,
Saidapet, Chennai-600015.
3.The District Collector,(PD Section)
Erode District,
Erode.
4.The Principal Accountant General (A & E) Tamil Nadu
No.361 Anna Salai,
Chennai - 600 018. .. Respondents
Prayer Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the respondents to
count 50% services rendered by the petitioner in the post of part time
1/6
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W.P.Nos.5147, 5151 & 5156 of 2021
Panchayat clerk from 05.03.1986 to 30.12.1990 and services rendered
between 01.01.1991 till 31.01.1995 as panchayat assistant and with regular
service from 25.09.1999 to 30.06.2024viz., age of superannuation in
accordance with the directions given by the Hon'ble Division Bench
judgment 259/2016 etc dated 10.03.2016.
For Petitioner :Mrs.T. Hemalatha
For Respondents : Mr.M. Bindran, Additional Government
Pleader
ORDER
The case of the petitioner is that the petitioner was initially appointed
as part time Panchayat Clerk in Mudachur Panchayat Union w.e.f.
05.03.1986 and subsequently, the post of part time panchayat clerk was
redesignated as panchayat assistant from 01.01.991, thereafter the petitioner
was appointed as Cashier (in the cadre of Junior Assistant) at Bhavani
Panchayat Union w.e.f 24.09.1999. The Government in G.O.Ms.No. 39
Rural Development Department and Panchayat Raj, dated 13.06.2011 granted
benefit of counting 50% to the employees of part time panchayat service.
Subsequently, vide G.O.Ms.No. 77 Rural Development Department and
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W.P.Nos.5147, 5151 & 5156 of 2021
Panchayat Raj, dated 12.07.2013 modified the said benefit by holding those
employees who retire prior to the date of issuance of above Government
Order are entitled to the benefit. The petitioner also entitled to the benefit to
count 50% services rendered by the petitioner in the post of part time
Panchayat Clerk from 05.03.1986 to 30.12.1990 and services between
01.01.1991 till 31.01.1995 as Panchayat Assistant and with regular service
from 25.09.1999 to 30.06.2024 viz., age of superannuation.
2. The learned counsel for the petitioner relied upon the decision of the
Hon'ble Division Bench of this Court in W.A.No.259 of 2016, dated
10.03.2016, W.A.No. 2358 of 2021, dated 16.12.2021 and W.A.No. 612 of
2016, dated 24.06.2016, wherein, it has been categorically held that the
employees who got absorbed as regular government servant prior to
01.04.2003 are entitled to count 50% of the services rendered by them as part
time Panchayat Clerk should be taken into account while calculating the
Pension.
3. The learned Additional Government Pleader has submitted that if the
petitioner submits a fresh representation, the same will be considered by the
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W.P.Nos.5147, 5151 & 5156 of 2021
1st respondent and appropriate orders will be passed within a time frame as
stipulated by this Court.
4. Considering the submissions made by the learned Additional
Government Pleader and in view of the decisions of the Hon'ble Division
Bench of this Court cited supra, this Court is of the opinion that it would be
appropriate to issue directions to respondents to consider the claim made by
the petitioner and pass appropriate orders. Accordingly, the following
directions are issued;
i. The petitioner is directed to make a fresh representation to the first
respondent within a period of four weeks from the date of receipt of a
copy of this order.
ii. On receipt of such representation, the 1st respondent is directed to
consider the same and pass orders on its own merits and in accordance
with law by taking note of the orders passed by this Court in
W.A.No.259 of 2016, dated 10.03.2016, W.A.No. 2358 of 2021, dated
16.12.2021 and W.a.No. 612 of 2016, dated 24.06.2016, within period
of twelve weeks thereafter.
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W.P.Nos.5147, 5151 & 5156 of 2021
5. With the above directions, the writ petition stands disposed of. No
costs.
06.04.2022
Index : Yes/No
Internet : Yes / No
ak
To
1. The Principal Secretary to Government,
Rural Development & Panchayat Raj Department,
Fort St. George, Chennai- 600009.
2.The Director of Rural Development & Panchayat Raj,
Panagal Building,
Saidapet, Chennai-600015.
3.The District Collector,(PD Section)
Erode District,
Erode.
4.The Principal Accountant General (A & E) Tamil Nadu
No.361 Anna Salai,
Chennai - 600 018
https://www.mhc.tn.gov.in/judis
W.P.Nos.5147, 5151 & 5156 of 2021
D.KRISHNAKUMAR. J
ak
W.P.No. 5147 of 2021
06.04.2022
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