Madras High Court
The Government Of Tamilnadu vs Balakrishnan ..1St on 11 January, 2022
W.A.(MD)Nos.533 and 534 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.01.2022
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
and
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.A(MD)Nos.533 and 534 of 2016
and
C.M.P(MD)Nos.3894 and 3895 of 2016
(Through video conference)
1.The Government of Tamilnadu,
Rep. by Secretary,
Rural Development Department,
Fort St.George,
Secretariat,
Chennai- 600 009.
2. The Director of Rural Development,
Panagal Building,
Saidapet,
Chennai-600 015.
3.The District Collector/Inspector of Panchayats,
Tiruchi District,
Tiruchi. .. Appellant/Respondents 1 to 3
in both cases
Vs.
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Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.533 and 534 of 2016
1.Balakrishnan ..1st Respondent/Petitioner
in W.A(MD)No.533/2016
1.Periyasamy .. 1st Respondent/Petitioner
in W.A(MD)No.534/2016
2.The Accountant General,
No.361, Anna Salai,
Chennai-600 015. .. 2nd Respondent/4th Respondent
in both cases
COMMON PRAYER: Writ Appeals filed under Clause 15 of the Letters
Patent Act, against the order, dated 18.09.2014, passed by this Court in
W.P(MD)Nos.15215 and 15216 of 2014.
In both cases:
For Appellants : Mr.S.P.Maharajan
Special Government Pleader
For R1 : Mr.V.Kannan
For R2 : Mr.P.Gunasekaran
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Page 2 of 5
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W.A.(MD)Nos.533 and 534 of 2016
COMMON JUDGMENT
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
[Judgment of the Court was delivered by DR.G.JAYACHANDRAN, J.]
In view of the judgment of the Full Bench of this Court reported in
2019 (6) CTC 705, the Government Servants, who are appointed prior to
01.04.2003 whether on temporary or permanent basis in terms of Rule 10
(a) (i) of the Tamil Nadu State and Subordinate Service Rules alone will be
entitled to get pension as per the Tamil Nadu Pension Rules, 1978.
2. Since the issue involved in these appeals is covered by the Full
Bench judgment cited supra, these writ appeals by the State are allowed. No
Costs. Consequently, connected miscellaneous petitions are closed.
3. However, the dismissal of the writ petitions and allowing of the
writ appeals will not stand in the way of the Government to consider the
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https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.533 and 534 of 2016
request of the writ petitioners for granting of special pension, if any, and if
they are found eligible for the same.
[S.V.N.,J.] [G.J.,J.]
11.01.2022
Index : Yes / No
Internet : Yes / No
PJL
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.
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https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.533 and 534 of 2016
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
PJL
W.A.(MD)Nos.533 and 534 of 2016
11.01.2022
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https://www.mhc.tn.gov.in/judis
