The Single Judge dismissed the intra-court appeal as infructuous because the Government had already issued an order granting the benefit of 50% service counted for pension to the first respondent.
Writ appeal dismissed as infructuous; connected miscellaneous petition 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.04.2019 CORAM
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN And THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.1312 of 2019 And C.M.P.No.8936 of 2019
1.The Government of Tamilnadu
Rep. by its Principal Secretary to Government,
Rural Development & Panchayat Raj Department,
Fort St.George,
Chennai – 600 009.
2.The Director of Rural Development & Panchayat Raj,
Panagal Building,
Saidapet, Chennai – 600 015.
3.The District Collector (PD Section),
Tuticorin District,
Tuticorin. ... Appellants/ Respondents 1,2&4
Vs.
1.L.Joseph Raj ...2 nd Respondent/ Petitioner
2.The Principal Accountant General (A&E),
Tamil Nadu,
No.361, Anna Salai,
Chennai – 600 018. ...1 st Respondent/ 3 rd Petitioner
Prayer:
Writ appeal filed under Clause 15 of the Letters Patent against the order dated 10.08.2018 made in W.P.No.29600 of 2017.
Prayer in W.P.No.29600 of 2017:
Writ Petition filed under Article 226 of the Constitution of India Praying for issuance of a Writ of Mandamus directing the respondents to extend the benefit of orders passed by Division Bench of this Hoble Court in Writ Appeal No.431 of 2016 dated 11.04.2016 and W.A.No.612/2016 dated 24.06.2016 by counting 50% services rendered by the
petitioner in part time panchayat clerk along with regular service for the purpose of pension and direct the respondents to count 50% service rendered in the post of part time Panchayat Clerk from 01.01.1983 till 30.06.1998 along with regular service for the purpose of granting pension.
For Respondents : Mr.V.Suthakar
(Judgment of the Court was delivered by K.K.SASIDHARAN,J.)
The learned Single Judge having found that regularization of the first respondent as Panchayat Clerk was prior to 01.04.2003, directed the appellants to count 50% of the earlier service rendered by him in the post of Part Time Panchayat Clerk for the purpose of pension. The order is under challenge at the instance of the State.
2.When the appeal is taken up for hearing, the learned Special Government Pleader by producing a copy of the order in G.O.Ms.No.69, dated 25.03.2019, issued by the Rural Development and Panchayat Raj Department, submitted that nothing survives for adjudication in view of the order passed by the Government granting benefit to the first respondent.
3.The intra court appeal is dismissed as infructuous taking into account the subsequent events indicated above. No costs. Consequently, the connected miscellaneous petition is also closed.
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
To
1.The Principal Accountant General (A&E), Tamil Nadu,
No.361, Anna Salai,Chennai – 600 018. +1 cc to Government Pleader Sr.No. 37698
W.A.No.1312 of 2019 And C.M.P.No.8936 of 2019 A.SK(14/06/2019)
Director of Rural Development & Panchayat Raj
L.Joseph Raj
K.K. Sasidharan
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
