Writ petition filed by a retired employee seeking benefits under a 5th Pay Commission Government Order. Court dismissed the petition noting the effective date of the order post-dated the petitioner's retirement.
None. The prayer to quash the order was not granted due to the petitioner's retirement prior to the relevant Government Order's effective date.
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.
1 W.P.(MD)NO.1257 OF 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.10.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.1257 of 2020
C.Baluchamy ... Petitioner
Vs.
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records connected with the impugned order passed by the 2nd respondent in his Lr. No.053481/L9/SM/AVPOKA/2017 dated 02.01.2020, quash the same and consequently direct the respondents to extend the
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2 W.P.(MD)NO.1257 OF 2020
benefit of 5th Pay commission benefits in terms of G.O.Ms. No.142 Transport Department dated 21-08-2008 and the subsequent G.O.Ms.No.235 Finance (Pay Cell) Department dated 01-06-2009 for 6th Pay Commission Benefits which were implemented in terms of G.O.Ms.No.280 Finance (BPE) Department dated 01-07-2009 and to extend the benefit of order in WP.Nos.11572 and 10867 of 2013 dated 18-11-2013 which was confirmed by the Hon'ble Division Bench of Madras High Court in W.A.Nos.399 and 400 of 2014 dated 05.08.2014.
For Petitioner : Mr.S.Govindan
For R-1 to R-3 : Mr.K.Sathiya Singh, Standing Counsel. For R-4 : Mr.S.C.Herold Singh, Standing Counsel. * * *
O R D E R
Heard the learned counsel on either side.
Transport (C1) Department dated 21.08.2008. The said Government Order came into force with effect from 01.01.2008. The writ petitioner had retired from service on
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3 W.P.(MD)NO.1257 OF 2020
31.03.2007 itself.
have any application to the writ petitioner. This writ petition
stands dismissed. No costs.
27.10.2022
Index : Yes / No Internet : Yes/ No
PMU
To:
Chennai – 2.
Chennai -2.
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4 W.P.(MD)NO.1257 OF 2020
G.R.SWAMINATHAN,J.
PMU
W.P.(MD)No.1257 of 2020
27.10.2022
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1 issue framed by the court
Whether a retired employee covered by an order earlier to his retirement is entitled to the benefits of a subsequent 5th Pay Commission Government Order.
C.Baluchamy
The Managing Director, State Express Transport Corporation Tamil Nadu Ltd.
The Senior Deputy Manager (H.R.), State Express Transport Corporation Tamil Nadu Ltd.
The Branch Manager, State Express Transport Corporation Tamil Nadu Ltd.
The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
