Madras High Court
M.Muthulakshm vs The State Of Tamil Nadu on 13 December, 2022
W.P.(MD)No.12458 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.12.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.12458 of 2018
and
W.M.P(MD)No.11317 of 2018
M.Muthulakshm ... Petitioner
Vs.
1. The State of Tamil Nadu, represented by
The Secretary to Government,
Municipal Administration and Water Supply Department,
Fort Saint George, Chennai – 600 009.
2. The Commissioner of Municipal Administration,
Chepauk, Chennai – 600 005.
3. The Director of Local Fund Audit,
Kuralagam Building, Chennai – 600 108.
4. The Assistant Director of Local Fund Audit,
Municipal Pension,
Kuralagam Building 4th Floor,
Chennai – 600 108.
5. The Commissioner,
Tenkasi Municipality,
Tenkasi – 627 881, Tirunelveli District. .... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12458 of 2018
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, to direct the respondents to treat the petitioner's
husband Late Thiru.K.Mariappan, Revenue Assistant as an employee covered
under the Tamil Nadu Pension Rules, 1978 prior to its amendment, dated
01.04.2003 and consequently disburses all the terminal benefits of the petitioner's
husband Late Thiru.K.Marippan, Revenue Assistant with interest and tor grant
Family Pension continuously to the petitioner in the light of the dictum laid down
by this Court in the Judgment, dated 30.09.2015 made in W.A.(MD)No.1026 of
2015, within a stipulated time that may be fixed by this Court.
For Petitioner : Mr.M.Saravanakumar
For R-1 to R-4 : Mr.R.Suresh Kumar,
Additional Government Pleader
For R-5 : Mr.P.Athimoolapandian
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus,
to direct the respondents to treat the petitioner's husband Late Thiru.K.Mariappan,
Revenue Assistant as an employee covered under the Tamil Nadu Pension Rules,
1978 prior to its amendment, dated 01.04.2003 and also sought for a
consequential direction to disburse all the terminal benefits of the petitioner's
husband Late Thiru.K.Marippan, Revenue Assistant with interest and for grant
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W.P.(MD)No.12458 of 2018
Family Pension continuously to the petitioner, in the light of the Judgment of this
Court, dated 30.09.2015 made in W.A.(MD)No.1026 of 2015, within a stipulated
time that may be fixed by this Court.
2. Heard Mr.M.Saravanakumar, learned counsel appearing for the
petitioner and Mr.R.Suresh Kumar, learned Additional Government Pleader,
appearing for the respondent Nos.1 to 4 and Mr.P.Athimoolapandian, learned
counsel appearing for the 5th respondent.
3. Admittedly, this petitioner's husband was appointed on 17.11.1999,
as last grade servant. The contention of the petitioner is that her husband
late.K.Mariappan, was appointed under G.O.Ms.No.125, dated 27.05.1999 and
therefore, the petitioner's husband is entitled to be considered for granting
pension by taking his service rendered as NMR for a period from 1999 to 2006.
4. The contention of the 5th respondent is that, originally the
petitioner's husband was appointed on 17.11.1999 and hence, the claim of the
petitioner will not come under G.O.Ms.No.125, dated 27.05.1999. The said
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W.P.(MD)No.12458 of 2018
G.O.Ms.No.125 was passed to regularize the employees, who have put in more
than 10 years of service in the Municipality, prior to 27.05.1999.
5. Since the petitioner's husband has not served 10 years of service,
prior the year 1999, the G.O.Ms.No.125 is not applicable to him. Subsequently,
the petitioner's husband was regularised as per G.O.Ms.No.21, Municipal
Administration and Water Supply Department, dated 23.02.2006. Since the
petitioner's regularization is after the date of 01.04.2003, as per decision of the
Hon'ble Full Bench of this Court, the petitioner's husband is not entitled to take
the service which was rendered prior to regularization. Therefore, the claim of
the petitioner cannot be entertained.
6. Already, the similar issue was considered by Order of this Court,
dated 30.09.2015 in W.A.(MD)No.1026 of 2015, for the same Municipal servants.
Therefore, this Court is following the same, this Writ Petition is liable to be
dismissed.
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W.P.(MD)No.12458 of 2018
7. Accordingly, this Writ Petition is dismissed. No Costs. Consequently,
connected miscellaneous petition is closed.
Index : Yes / No 13.12.2022
Internet : Yes
ksa
To
1. The Secretary to Government,
The State of Tamil Nadu,
Municipal Administration and Water Supply Department,
Fort Saint George, Chennai – 600 009.
2. The Commissioner of Municipal Administration,
Chepauk, Chennai – 600 005.
3. The Director of Local Fund Audit,
Kuralagam Building, Chennai – 600 108.
4. The Assistant Director of Local Fund Audit,
Municipal Pension,
Kuralagam Building 4th Floor,
Chennai – 600 108.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12458 of 2018
S.SRIMATHY, J
ksa
Order made in
W.P.(MD)No.12458 of 2018
13.12.2022
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