Madras High Court
T.Murugesan vs State Of Tamil Nadu Represented By ... on 7 November, 2022
WP No.42241 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07-11-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.42241 of 2016
T.Murugesan .. Petitioner
vs.
1.State of Tamil Nadu Represented by its
Principal Secretary to the Government,
Finance (PGC) Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Principal Accountant General (A&E),
361, Anna Salai,
Teynampet,
Chennai - 600 018.
3.The Commissioner of Treasuries and Accounts,
Panagal Buildings,
Saidapet,
Chennai – 600 018. .. Respondents
1/6
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WP No.42241 of 2016
Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Declaration, declaring the clarification
letter issued by the first respondent in Letter No.61495(Ms)/PGC/2013
Finance (PGC) Department dated 04.02.2014 and its allied Letter No.24056/
PGC/2014-1 Finance (PGC) Department dated 28.05.2014 as null and void
and unenforceable in the eye of law direct the first respondent to issue orders
for the payment of arrears of Dearness Allowance for the date of retirement to
till date as the Dearness Allowance / Pay is one of the many component,
which go into the eventual determination of pension as specifically indicated
by the Apex Court in paragraph-30 of its judgment dated 17.01.2013 and
direct the first respondent to issue instruction to the third respondent to revise
the pension automatically as per G.O.174 dated 21.04.1998 and G.O.235
dated 01.06.2009 as already in paragraph-15 of G.O.363 dated 23.08.2013 as
far as the petitioner is concerned and pay the consequential arrears.
For Petitioner : Mr.A.R.Nixon
For Respondents-1 and 3 : Mr.V.Ravi,
Special Government Pleader.
ORDER
The issues raised in the present writ petition were already
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WP No.42241 of 2016
adjudicated before the Hon'ble Supreme Court of India and the Apex Court
delivered a judgment on 17.01.2013 in Civil Appeal Nos.8848 to 8849 of
2012 filed by the Kallakurichi Taluk Retired Official Association and other
Association/individual appellants.
2. Based on the judgment of the Supreme Court, the Government
issued G.O.Ms.No.363, Finance Department, dated 23.08.2013. As per the
Government Orders issued, the exercise of revisions were already done by
the State in respect of all the pensioners, who all are falling within the
category of the retired employees between 01.06.1988 and 31.12.1995.
3. In view of the fact that the issues were decided by the
Supreme Court and based on the Government Orders issued pursuant to the
orders of the Supreme Court, the revisions were effected, no further exercise
to reconsider the issue is required.
4. Consequently, the writ petition stands dismissed. However,
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WP No.42241 of 2016
there shall be no order as to costs.
07-11-2022
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
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To
https://www.mhc.tn.gov.in/judis
WP No.42241 of 2016
1.The Principal Secretary to the Government,
State of Tamil Nadu,
Finance (PGC) Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Principal Accountant General (A&E),
361, Anna Salai,
Teynampet,
Chennai - 600 018.
3.The Commissioner of Treasuries and Accounts,
Panagal Buildings,
Saidapet,
Chennai – 600 018.
https://www.mhc.tn.gov.in/judis
WP No.42241 of 2016
S.M.SUBRAMANIAM, J.
Svn
WP 42241 of 2016
07-11-2022
https://www.mhc.tn.gov.in/judis
