Madras High Court
K.Jayabal vs The Commissioner on 29 October, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.32208 of 2024
1.K.Jayabal
2.T.Thirunavukarasu
3.R.Nagaukumar
4.S.Marimuthu
5.R.Paramasivan
6.Murugan
7.A.Murugavel
8.Ramaraj
9.C.M.Venkatachalam
10.S.Nagaraj
11.Lakshmi
12.M.Sivakami
13.A.Murugan
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https://www.mhc.tn.gov.in/judis
14.Marimuthu
15.R.Subramanian
16.Kumarasamy
17.P.Rangasamy
18.R.Babu
19.T.Tamilrasi
20.M.Velmurugan
21.S.Thangaraj
22.M.Srinivasan
23.M.Nagaraj ... Petitioners
Vs.
The Commissioner,
Coimbatore Municipality,
Coimbatore. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondent to bring the
petitioners under the old pension rules in the light of their appointment orders
issued in the year 1997 and the judgement of this Court rendered in
W.P.No.8584 of 2021 and batch dated 10.02.2023.
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For Petitioners : Mr.V.Vijayashankar
For Respondent : Mr.C.Selvaraj
Additional Government Pleader
ORDER
This writ petition has been filed for issue of writ of mandamus directing
the respondent to bring the petitioners under the old pension rules in the light of
their appointment orders issued in the year 1997 and the judgment of this Court
in W.P.No.8584 of 2021 and batch dated 10.02.2023.
2.Heard Mr.V.Vijayashankar, learned counsel appearing on behalf of the
petitioner and Mr.C.Selvaraj, learned Additional Government Pleader appearing
on behalf of the respondent.
3.The case of the petitioners is that all of them were appointed as Sanitary
Workers in the Coimbatore Corporation in the year 1997 on being sponsored by
the Employment Exchange and after undergoing a selection process. The
services of the petitioners came to be confirmed only in the year 2007. Because
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of the belated confirmation, the petitioners were covered under the Contributory
Pension Scheme. The petitioners made a representation on 31.08.2024, pointing
out to the fact that their appointments were made in 1997 against regular
vacancies and therefore, they are entitled to be brought under the Old Pension
Scheme. Since, the representation was not considered, the present writ petition
has been filed before this Court.
4.Taking into consideration the facts and circumstances of the case and
the nature of grievance expressed by the petitioners, there shall be a direction to
the petitioners to submit individual representation to the respondent along with
all the relevant documents and also a copy of this order. On receipt of the same,
it shall be considered by the respondent on its own merits and in accordance
with law and in line with the orders passed by this Court in W.P.No.8584 of
2021 etc., batch dated 10.02.2023 and a final decision shall be taken, within a
period of eight weeks from the date of receipt of the fresh representation from
each of the petitioner.
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5.This writ petition is disposed of with the above directions. No Costs.
29.10.2024
Internet : Yes (2/2)
Index : Yes
Speaking Order / Non Speaking Order
ssr
To
The Commissioner,
Coimbatore Municipality,
Coimbatore.
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
ssr
29.10.2024
(2/2)
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