Disposed

All Teachers Association of v. State of Tamil Nadu

Madras HC18 Dec 2024WP/10375/2016

Case brief

AI extract

What is this about?

Writ petition filed by a teachers' association seeking mandamus for disbursement of pension benefits under the Contributory Pension Scheme. Court disposed of the petition, holding that members must submit individual applications as per G.O.Ms.No.59 dated 22.02.2006. Respondents directed to process such applications within three months.

What did the court decide?

Writ petition disposed of; respondents directed to consider individual applications submitted under G.O.Ms.No.59 dated 22.02.2006 within three months.

All Teachers Association of Vs State of Tamil… — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.10375 of 2016

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.12.2024

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CORAM

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THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR

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W.P.No.10375 of 2016

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and W.M.P.Nos.9158 & 9159 of 2016

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All Teachers Association of Tamil Nadu (T.A.T.A) Rep, by its General Secretary,

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Mr.Kipson,

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Office at No.235, North Street, Parapadi, Nanguneri Taluk, Thirunelveli 627110 …Petitioner

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Vs.

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1.The State of Tamil Nadu,

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Rep., by the Chief Secretary to Government,

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Chief Secretariat, St. Fort. George, Chennai 600 009.

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2.The Secretary to Government, Education Department, Secretariat,

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St. Fort George,

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

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W.P.No.10375 of 2016

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Chennai 600 009.

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3.The Secretary to Government, Finance (Pension) Department, Secretariat,

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St. Fort George,

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Chennai 600 009.

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4.The Director of School Education, College Road, Chennai- 600 006.

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5.The Accountant General, Anna Salai, Teynampet, Chennai 600 018.

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6.The Secretary to Government of India, Ministry of Finance, Department of Financial Services, 2^nd Floor, Jeevandeep Buildings, Sansad Marg, New Delhi.

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7.Pension Fund Regulatory and Development Authority,

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1^st Floor, ICADR Buildings, Plot No.6, Vasant Kunj Institutional Area, Phase-II New Delhi- 110 070

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

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W.P.No.10375 of 2016

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…Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of mandamus, to direct the respondents 1 to 5 to disburse the pension amount under the contributory pension scheme in respect of the retired/deceased teachers contained in Annexure-I together with eligible interest for the delayed payment.

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For Petitioner : M/s.M.Gnanasekar

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For Respondents : Mr.K.H.Ravikumar

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Government Advocate

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ORDER

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This writ petition has been filed by Association of Teachers seeking

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a writ of mandamus directing the respondents 1 to 5 to disburse the pension

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amount under the contributory pension Scheme in respect of the retired/deceased teachers whose names are mentioned in the Annexure-I appended to the affidavit filed in support of the writ petition.

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2.The writ petition has been filed before this Court on 23.02.2016.

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When the matter is taken up for consideration, Mr.K.H.Ravikumar, learned Government Advocate, brought to the notice of this Court the fact that the respondent/State had issued G.O.Ms.No.59 Finance (PGC) Department dated

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

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W.P.No.10375 of 2016

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22.02.2006 providing for settlement of accumulation under Contributory Pension Scheme in respect of CPS subscribers retired / resigned, died and terminated from service.

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3.The claim of the petitioner's association is for payment of Contributory Pension Scheme benefits pursuant to the contributions made by the members of the Petitioner's Association. As the present writ petition has been filed without taking note of the above Government orders dated 22.02.2016 and as the said Government Orders provides for a procedure for claiming the benefits of Contributory Provident Fund Scheme, the members of the Petitioner's Association may have to submit the respective application in terms of the proceedure provided under the said Government Order dated 22.02.2016. Unless individual claims are made by the persons who retired from service after having contributed to the Contributory Pension Scheme, the claims of the individual petitioner cannot be considered by the respondents.

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In view of the same, the writ petition is disposed of permitting

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the members of the petitioner Association to submit individual application

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

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W.P.No.10375 of 2016

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under in the format prescribed under G.O.Ms.No.59 Finance (PGC) Department, dated 22.02.2016. In case such applications are submitted by the retired employes or the legal heirs of the retired employes, the same shall be considered and processed by the respondents 1 to 6 as expeditiously as possible at any rate within a period of three months from the date of submission of such application by the individual members of the petitioner Association.

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5.Accordingly, the writ petition is disposed of. No costs.

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Consequently, connected miscellaneous petitions are closed.

18.12.2024

vsn

1.The Chief Secretary to Government, Chief Secretariat, St. Fort. George, Chennai 600 009. 2.The Secretary to Government, Education Department, Secretariat, St. Fort George,

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

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W.P.No.10375 of 2016

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Chennai 600 009.

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3.The Secretary to Government, Finance (Pension) Department, Secretariat,

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St. Fort George,

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Chennai 600 009.

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4.The Director of School Education, College Road, Chennai- 600 006.

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5.The Accountant General, Anna Salai, Teynampet, Chennai 600 018.

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6.The Secretary to Government of India, Ministry of Finance, Department of Financial Services, 2^nd Floor, Jeevandeep Buildings, Sansad Marg, New Delhi.

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7.Pension Fund Regulatory and Development Authority,

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1^st Floor, ICADR Buildings, Plot No.6, Vasant Kunj Institutional Area, Phase-II New Delhi- 110 070

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

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W.P.No.10375 of 2016

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MUMMINENI SUDHEER KUMAR, J.

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vsn

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W.P.No.10375 of 2016 W.M.P.Nos.9158 & 9159 of 2016

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18.12.2024

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

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All Teachers Association of v. State of Tamil Nadu

Case brief

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All Teachers Association of v. State of Tamil Nadu

Case brief

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