Madras High Court
The Additional Chief Secretary To ... vs V.Mariappan on 9 March, 2022
W.A(MD)No.203 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.A(MD)No.203 of 2022
and
CMP(MD)No.1969 of 2022
1.The Additional Chief Secretary to Government,
Government of Tamil Nadu,
Finance Department,
Chief Secretariat, St.George Fort,
Chennai-600 009.
2.The Principal Secretary to Government (Expenditure),
Government of Tamil Nadu,
Finance Department,
Chief Secretariat, St.George Fort,
Chennai-600 009.
3.The Commissionerate of Municipal Administration,
No.78, Urban Administrative Building,
Santhome High Road,
Chennai-620 028.
4.The Assistant Director,
Municipal Finance Audit,
Kuralagam 4th Floor,
Chennai-600 018.
5.The Commissioner,
Municipal Office,
Virudhunagar-626 001. ... Appellants
vs.
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W.A(MD)No.203 of 2022
1.V.Mariappan
2.The Principal Accountant General,
(Accounts and Entitlements)
361, Annasalai,
Teynampet, Chennai-600 018. ... Respondents
Appeal filed under Clause 15 of Letters Patent against the order
passed in W.P(MD)No.17827 of 2020 dated 07.12.2020.
For Appellants : Mr.K.Bala Subramanian
JUDGMENT
R.SUBRAMANIAN, J.
AND
N.SATHISH KUMAR, J.
The State is on appeal against the direction made in
W.P(MD)No.17827 of 2020 to include the 1st respondent/writ petitioner
in the old pension scheme and sanction pay arrears of monthly pension
under the old pension scheme.
2. The petitioner who was temporarily appointed on
14.06.1991 was taken on regular scale of pay with effect from
04.07.2001. He retired on 31.03.2014. Therefore, there is no dispute
regarding his entitlement to pension under the old pension scheme.
The only defence that was urged by the appellants before the Writ
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W.A(MD)No.203 of 2022
Court is that there was a ban on appointment in the year 2001. The
ban came into force only on 23.11.2001, whereas the petitioner was
appointed as early as on 04.07.2001 well before the ban.
3. The Writ Court has followed the judgment of the Division
Bench in W.A(MD)No.273 of 2011 dated 02.03.2011, to confer the
benefit of the old pension scheme on the petitioner. This case is
actually covered by the judgment of the Division Bench referred supra.
It is also seen that though the authorities recommended pension for
the petitioner, it was rejected on the ground of audit objection. Hence,
we do not see any reason to entertain the writ appeal.
4. The Writ Appeal fails and it is accordingly dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
(R.S.M., J.) (N.S.K., J.)
09.03.2022
Index : Yes / No
bala
To
1.The Additional Chief Secretary to Government,
Government of Tamil Nadu,
Finance Department,
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W.A(MD)No.203 of 2022
Chief Secretariat, St.George Fort,
Chennai-600 009.
2.The Principal Secretary to Government (Expenditure),
Government of Tamil Nadu,
Finance Department,
Chief Secretariat, St.George Fort,
Chennai-600 009.
3.The Commissionerate of Municipal Administration,
No.78, Urban Administrative Building,
Santhome High Road,
Chennai-620 028.
4.The Assistant Director,
Municipal Finance Audit,
Kuralagam 4th Floor,
Chennai-600 018.
5.The Commissioner,
Municipal Office,
Virudhunagar-626 001.
6.The Principal Accountant General,
(Accounts and Entitlements)
361, Annasalai,
Teynampet, Chennai-600 018.
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W.A(MD)No.203 of 2022
R.SUBRAMANIAN, J.
AND
N.SATHISH KUMAR, J.
bala
ORDER MADE IN
W.A(MD)No.203 of 2022
DATED : 09.03.2022
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