Single judge of Madras High Court dismissed a Writ Appeal seeking to set aside an earlier judgment that upheld the applicability of amended pension rules to the appellant, who joined service on the scheme's effective date.
The writ appeal was dismissed; no costs; the connected miscellaneous petition was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.A.(MD)No.1529 of 2014 and
M.P.(MD).No.2 of 2014
T.Madavaraj : Appellant / Petitioner
Vs.
1.The Secretary to Government, State of Tamil Nadu Finance (Pension) Department, Fort St.George,
Chennai-9.
2.The Secretary to the Government, State of Tamil Nadu School Education Department, Fort St.George,
Chennai-9.
3.The Accountant General (AE), Tamil Nadu, 361, Anna Salai, Teynampet, Chennai-18.
4.The Director of School Education,
Chennai-6.
5.The Joint Director of School Education, Higher Education, Chennai-6. : Respondents / Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act to set aside the Judgment dated 16.12.2013 passed in W.P.(MD).No.4445 of 2010, on the file of the Madurai Bench of Madras High Court and consequently allow the Writ Appeal by saying the G.O.Ms.No.259, Finance (Pension) Department, dated 06.08.2003 is not applicable to the Appellant.
Prayer in WP(MD). 4445/ 2010 :
Writ Petition is filed under Article 226 of the https://hcservices.ecourts.gov.in/hcservices/ Constitution of India, praying this Court to issue a WRIT OF DECLARATION, declaring the G.O.Ms.No.259, Finance (Pension)
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Department, dated 06-08-2003 and G.O.Ms.No.430, Finance (Pension) Department dated 06-08-2004 as null and void and ultra vires in so far as petitioner concerned and consequently direct the 4th Respondent to issue the GPF number to the petitioner in the old pension scheme (GPF) within the stipulated time as may be fixed by this Honoruable Court.
For R1, R2, R4 & R5 : Mr.T.S.Mohamad Mohideen Additional Government Pleader For Respondent No.3 : Mr.P.Gunasekaran
JUDGMENT
[Judgment of the Court was made by G.R.SWAMINATHAN, J.]
The un-successful writ petitioner is on appeal challenging the order dated 16.12.2013 made in W.P.(MD).No.4445 of 2010.
2.The appellant herein was appointed as a Tutor in Chemistry by order dated 26.03.2003. However, he joined duty only on 01.04.2003. Unfortunately, for the appellant, the contributory pension scheme came into force with effect from 01.04.2003. If the writ petitioner/ the appellant herein had joined duty on 27.03.2003, he would have been entitled to benefits under the earlier pension scheme. Because, the appellant joined duty on 01.04.2003, the date on which the contributory pension scheme came into force, he is deprived of valuable benefits.
3.The writ petitioner therefore filed a Writ of Declaration for declaring G.O.Ms.No.259, Finance (Pension) Department, dated 06.08.2003 and G.O.Ms.No.430, dated 06.08.2004 as null and void.
4.The issue is no longer res integra . The issue is covered by the order dated 19.06.2014, made in W.A.(MD).No.217 of 2011, etc., batch. There is no merit in this writ appeal. The Division Bench of this Court specifically refered to the order dated 06.02.2013 in W.P.(MD).No.2470 of 2013 upholding the validity of the amendment to the Tamil Nadu Pension Rules and Government Orders impugned in the present proceedings. Therefore, the issue cannot be gone into once again. The writ appeal stands dismissed. No costs. Consequently the connected miscellaneous petition is closed.
Sd/Assistant Registrar(C.O)
/True Copy/
Sub-Assistant Registrar
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To:
1.The Secretary to Government, State of Tamil Nadu Finance (Pension) Department, Fort St.George, Chennai-9. 2.The Secretary to the Government, State of Tamil Nadu School Education Department, Fort St.George, Chennai-9. 3.The Accountant General (AE), Tamil Nadu, 361, Anna Salai, Teynampet, Chennai-18. 4.The Director of School Education, Chennai-6. 5.The Joint Director of School Education, Higher Education, Chennai-6. +One cc to Mr.P.Gunasekaran, Advocate, SR.No.69981 tsg/skm RL/7C/3P/SV/MMS/SAR2/26/9/2017
Judgment made in W.A.[MD]No.1529 of 2014 02.08.2017
2 issues framed by the court
Whether the Writ Appeal challenging the lower court's dismissal of the petition regarding pension scheme applicability merits reconsideration.
Whether the issue covered by previous apex orders can be reconsidered in the present appeal.
T.Madavaraj
Secretary to Government, State of Tamil Nadu Finance (Pension) Department
Secretary to the Government, State of Tamil Nadu School Education Department
K.K.Sasidharan
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
