Madras High Court
The District Collector vs K.Krishnasamy ... 1St on 13 March, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
W.A.MD) No.1484 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.03.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A(MD)No.1484 of 2018
and
C.M.P(MD)No.10583 of 2018
1.The District Collector,
Thanjavur District.
2.The Revenue Divisional Officer,
Thanjavur District. ... Appellants/Respondents3&5
-Vs-
1.K.Krishnasamy ... 1st Respondent/Petitioner
2.The Accountant General,
Tamil Nadu Government,
361, Anna Salai,
Teunampettai,
Chennai-18.
3.The Additional Chief Secretary,
Commissioner of Revenue Administration,
Chepauk, Chennai-5.
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W.A.MD) No.1484 of 2018
4.The District Treasury Officer,
Thanjavur District. ... Respondents 2 – 4/
Respondents No.1,2,4
PRAYER: Writ Appeal filed under Clause XV of Letters of Patent Appeal,
against the order dated 20.02.2018 made in W.P.No.1537 of 2018 passed by this
Court.
For Appellants : Mr.D.Gandhiraj
Special Government Pleader
For R1 : Mr.R.Paranjothi
For R2 : Mr.P.Gunasekaran
For R3&4 : Mr.A.Baskaran,
Additional Government Pleader
JUDGMENT
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
This appeal is filed by the State being aggrieved by the order of the learned
single Judge, who had allowed the writ petition to confer pensionary benefits to
the petitioner viz, Panchanathan, as per G.O.Ms.No.408 dated 25.08.2009 with
effect from 01.07.2009, which in effect means 50% of his Karnam service taken
into account for calculating the pension.
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2.The writ appeal is filed on the ground that the writ petitioner is not
entitled to get pension, since he is not rendering minimum period of service in the
post of Village Administrative Officer, by aking 50% of his service which cannot
be taken into account.
3.To buttress his submission, the learned counsel submits that the similar
matter came before the Division Bench of this Court, it was dismissed in favour of
the State and an appeal was preferred before the Hon'ble Supreme Court was also
dismissed.(M.Vargeese, ETC. ETC -vs- State of Tamil Nadu & Ors., ETC. ETC,
dated 12.08.2022).
4.In this case, the writ petitioner was joined as Village Karnam on
03.04.1979 and took upto service as Village Karnam till 19.11.1979, till the post
was abolished by the State Government. Thereafter, he made an application for the
post of Noon Meal Organizer got appointed on 08.02.1983 and continued in that
post and continued to serve his Noon Meal Organizer till 22.12.2000. Thereafter,
he was appointed as Viilage Administrative Officer by order dated 23.12.2000 and
retired on 30.06.2009, wherein he has put less than 8 years of his earlier
appointment as Village Karnam as well as Noon Meal Organizer are not on a
regular appointment to be taken into account for pensionary service. The
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G.O.Ms.Nos.756 and 299, were considered by the Division Bench of this Court
earlier in State of Tamil Nadu, Rep. by its Principal Secretary to Government,
Revenue Department, Secretariat, Chennai and others -Vs- E.Balachandran,
reported in (2021) 3 MLJ 92, the plea to take service of 50% of the service
rendering by the Village Karnam for the purpose of Pensionary Benefits and the
same has been decleared by the Bench of this Court, the same has also been
confirmed by the Hon'ble Supreme Court. In such circumstances, this Court is of
the view that the prayer sought in the writ petition cannot be entertained. The writ
appeal is allowed. The order of the learned single Judge is set aside. This order
will not stand in the way of the writ petitioner to make any representation to the
Government to consider his pension as a special case if law permits. No costs.
Consequently, the connected miscellaneous petition is also closed.
[G.J., J.] & [R.P., J.]
13.03.2025
NCC : Yes / No
Index : Yes / No
Ns
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To
1.The District Collector,
Thanjavur District.
2.The Revenue Divisional Officer,
Thanjavur District.
3.The Additional Chief Secretary,
Commissioner of Revenue Administration,
Chepauk,
Chennai-5.
4.The District Treasury Officer,
Thanjavur District.
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DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
Ns
and
13.03.2025
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