Madras High Court
Unknown vs The Additional Chief Secretary on 3 February, 2023
Writ Petition No.2715 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :03.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.2715 of 2023
1.J.Balaji
S/o.M.Jegadeesan
2.R.Govindharajan
S/o.Ramu
3.G.Kannan
S/o.Gopal
4.S.Immanuvel
S/o.Santhanam
5.M.Elangovan
S/o.Mani
6.N.Subramanian
S/o.Nagan
7.R.Ganesan
S/o.Ramar
8.N.Sethuraman
S/o.Neelamegam
9.A.Jothi Lakshmi
D/o.Alagarsamy
10.P.Rajesh
1/6
https://www.mhc.tn.gov.in/judis
Writ Petition No.2715 of 2023
S/o.Pandian
11.D.Rajapandi
S/o.Durairaj
12.A.Ibrahim Ali
S/o.Ameer Sulthan
13.D.Veerakumar
S/o.Durairaj
14.S.Murugesan
S/o.Sethu
15.M.Muniyandi
S/o.Muniasamy
16.S.Manjan
S/o.Sevugan ...Petitioners
Vs
1.The Additional Chief Secretary
to Government,
Municipal Administration and Water
Supply Department,
Fort St.George, Chennai - 600 009.
2.The Director,
Commissionerate of Town Panchayats,
Urban Administrative Building,
75, Santhome High Roard,
Raja Annamalai Puram,
Chennai - 600 028. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India,
2/6
https://www.mhc.tn.gov.in/judis
Writ Petition No.2715 of 2023
to issue a writ of Mandamus, directing the respondents to consider and pass
orders on the petitioners' representation dated 18.10.2022 to include the
petitioners in the General Provident Fund and issue General Provident Fund
Number with all service and monetary benefits, more particularly, within the
time frame as may be stipulated by this Court.
For Petitioners : Mr.B.Sivaraman
for Mr.J.Pooventherarajan
For Respondents : Mr.D.Ravichander
Special Government Pleader
*****
ORDER
This writ petition has been filed for issuance of a writ of mandamus
directing the respondents to consider the representation made by the
petitioners on 18.10.2022 wherein the petitioners have sought for payment
of pension as per the Tamil Nadu Pension Rules, 1978, relying upon the Full
Bench judgment of this Court in Government of Tamil Nadu v.
R.Kaliyamoorthy [2019 (6) CTC 705].
2. The case of the petitioners is that they were sponsored by the
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Writ Petition No.2715 of 2023
Employment Exchange and they were appointed in various Town
Panchayats. The petitioners were in service since the year 2000 onwards and
they were also regularized in the year 2004. The further case of the
petitioners is that they have the qualified service for the purpose of pension
and they made the representation in this regard to the respondents seeking
entitlement for pension as per the Tamil Nadu Pension Rules. Since the
representation was not acted upon, the present writ petition has been filed.
3. Heard Mr.B.Sivaraman, learned counsel for petitioners and
Mr.D.Ravichander, learned Special Government Pleader, appearing for
respondents.
4. Learned counsel for petitioners submitted that the petitioners, in
this case, will fall under paragraph 45(ii) of the Full Bench judgment
referred supra. Therefore, the petitioners are claiming their legal right based
on the same.
5. Taking into the consideration the limited relief sought for in this
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Writ Petition No.2715 of 2023
writ petition and without going into the merits of the case, there shall be a
direction to the second respondent to consider the representation made by
the petitioners on 18.10.2022 and deal with the same on its own merits and
in accordance with law and take a decision within a period of twelve (12)
weeks from the date of receipt of a copy of this order. The petitioners are
directed to make a fresh representation along with all relevant documents
and also a copy of this order. A copy of the representation shall also be sent
to the first respondent.
This Writ Petition is disposed of with the above direction. No costs.
03.02.2023
Index : Yes/No
Speaking order:Yes/No
Neutral citation:Yes/No
gm
N.ANAND VENKATESH, J
https://www.mhc.tn.gov.in/judis
Writ Petition No.2715 of 2023
gm
To
1.The Additional Chief Secretary
to Government,
Municipal Administration and Water
Supply Department,
Fort St.George, Chennai - 600 009.
2.The Director,
Commissionerate of Town Panchayats,
Urban Administrative Building,
75, Santhome High Roard,
Raja Annamalai Puram,
Chennai - 600 028.
Writ Petition No. 2715 of 2023
03.02.2023
https://www.mhc.tn.gov.in/judis
