Madras High Court
Unknown vs Pitchai .. 1St on 11 January, 2022
W.A(MD)Nos.1323 to 1337 of 2015
and W.A(MD)Nos.1138, 1139 and 1140 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.1323 to 1337 of 2015
and
W.A(MD)Nos.1138, 1139 and 1140 of 2016
and
C.M.P(MD)Nos.7076, 7077, 7078, 7079 and 7080 of 2016
M.P(MD)Nos.2, 3, 3, 3, 3, 3, 3, 3, 3, 3, 3, 3, 3, 3, 3 of 2015
and
W.P(MD)No.702 of 2016
(Through video conference)
W.A(MD)No.1323 of 2016:
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.
__________
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.1323 to 1337 of 2015
and W.A(MD)Nos.1138, 1139 and 1140 of 2016
3.The District Collector/Inspector of Panchayats,
Tiruchi District,
Tiruchi. .. Appellant/Respondents 1 to 3
Vs.
1.Pitchai .. 1st Respondent/Petitioner
2.The Accountant General,
No.361, Anna Salai,
Chennai-600 015. .. 2nd Respondent/4th Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent Act,
against the order, dated 30.06.2014, made in W.P(MD)No.9105 of 2014.
***
In all cases:
For Appellants : Mr.S.P.Maharajan
Special Government Pleader
For R1 : Mr.V.Kannan
For R2 : Mr.P.Gunasekaran
__________
Page 2 of 5
https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.1323 to 1337 of 2015
and W.A(MD)Nos.1138, 1139 and 1140 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 and
the W.P(MD)No.702 of 2016 by the individual is dismissed. No Costs.
Consequently, connected miscellaneous petitions are closed.
__________
https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.1323 to 1337 of 2015
and W.A(MD)Nos.1138, 1139 and 1140 of 2016
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
request of the writ petitioners for granting 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.
__________
https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.1323 to 1337 of 2015
and W.A(MD)Nos.1138, 1139 and 1140 of 2016
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
PJL
W.A(MD)Nos.1323 to 1337 of 2015
and
W.A(MD)Nos.1138, 1139 and 1140 of 2016
11.01.2022
__________
https://www.mhc.tn.gov.in/judis
