Disposed

Dr.v.Illamani v. The State of Tamil Nadu

Madras HC1 Nov 2023WP/12688/2022

Case brief

AI extract

What is this about?

Manuscript: A retired professor sought revised pension via the Finance Department under G.O.Ms.No.236. The Court held she must first approach the Director of Medical Education. Liberty granted to approach that office, which must forward the application to the Finance Department within two weeks.

What did the court decide?

Liberty granted to petitioner to make a fresh representation to the second respondent, to be forwarded by said respondent to the first respondent with remarks within two weeks; final orders within 12

Dr.v.Illamani Vs The State of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No.12688 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01.11.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

W.P.No.12688 of 2022

Dr.V..Illamani

... Petitioner

Vs.

1.The State of Tamil Nadu

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Rep. By its Secretary Finance (Pay Cell) Department Fort St.George, Chennai – 600 009

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The Director of Medical Education No.162, EVR Periyar Salai Kilpauk, Chennai – 10

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The Dean

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Government Kilpauk Medical College Chennai – 10

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The Pension Pay Officer Pension Accounting Office South Saidapet, Chennai - 35 ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to pass orders on the representation dated 01.04.2022 seeking grant of

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https://www.mhc.tn.gov.in/judis 1/6

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W.P.No.12688 of 2022

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revised pension and persionary benefits as per G.O.Ms.No.236. Finance (Pay Cell) Department dated 12.07.2018 for the Professors of the NonClinical category on merits and as per law, within a time to be stipulated by this Court.

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For Petitioner : Ms.S.Arivazhagan

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For Respondents : Mr.A.Selvendran Special Government Pleader for R1

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Mr.M.Bindran Addl. Govt. Pleader for R2 and R3

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ORDER

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Heard the learned counsel for the petitioner, learned Special Government Pleader for first respondent and learned Additional Government Pleader for Respondents 2 and 3.

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On the strength of G.O.Ms.No.236, Finance (Pay Cell)

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Department dated 12.07.2018, the petitioner seeks for revision of the pensionary benefits. Her representation in this regard was not considered by the first respondent which prompted her to file the present writ petition.

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https://www.mhc.tn.gov.in/judis 2/6

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2/6

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W.P.No.12688 of 2022

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3. As per G.O.Ms.No.236. Finance (Pay Cell) Department dated 12.07.2018 , the request for revision of pension / family pension requires to be made by the retired professors/ medical officers to the Authority in the Department in which the Government employee last served. Since the petitioner had last served with the third respondent which is under the directorate of medical education/second respondent, the proper procedure would be to make an application to the second respondent seeking pensionery benefits.

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4. Accordingly, the petitioner is granted liberty to make a fresh representation to the second respondent seeking for revision of her pension and on receipt of the same, the second respondent herein shall forthwith forward the same to the first respondent together with their remarks within two weeks from the date of receipt of such an application. Thereafter, the first respondent shall consider the petitioner's application received from the second respondent on its own merits and pass appropriate orders in accordance with law within a period of 12 weeks from the date of receipt of the application.

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https://www.mhc.tn.gov.in/judis 3/6

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W.P.No.12688 of 2022

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5 . With the above direction, the Writ Petition stands disposed of. No costs.

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01.11.2023

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Index:Yes/No Speaking order/Non-speaking order Internet: Yes/No Neutral Citation: Yes/No

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gpa

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https://www.mhc.tn.gov.in/judis 4/6

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W.P.No.12688 of 2022

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The Secretary Government of Tamil Nadu Finance (Pay Cell) Department Fort St.George, Chennai – 600 009

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The Director of Medical Education No.162, EVR Periyar Salai Kilpauk, Chennai – 10

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The Dean Government Kilpauk Medical College Chennai – 10

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The Pension Pay Officer Pension Accounting Office South Saidapet, Chennai - 35

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https://www.mhc.tn.gov.in/judis 5/6

W.P.No.12688 of 2022

M.S.RAMESH,J.

gpa

W.P.No.12688 of 2022

01.11.2023

https://www.mhc.tn.gov.in/judis 6/6

Dr.v.Illamani v. The State of Tamil Nadu

Case brief

What is this about?

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Dr.v.Illamani v. The State of Tamil Nadu

Case brief

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What did the court decide?

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