A former Agriculture Department employee, removed from service in 1994 for unauthorized absence, sought pensionary benefits for his service period. The court held he could not claim pension without challenging the removal order and dismissed the writ petition.
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W.P.No.17858 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA
W.P.No.17858 of 2015
L.Thiruvenkadasamy ... Petitioner
-vs-
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records in relating to letter No.VA.An 2/88800/2014 dated 09.10.2014 and quash the same as illegal.
For petitioner : Mr.A.Ansar For respondents : Mr.V.Jeevagiridharan,
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W.P.No.17858 of 2015
Additional Government Pleader ORDER
The petitioner herein seeks to quash the order passed by the
Director of Agriculture rejecting his request to grant him the
pensionary benefits, since he had been removed from service.
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W.P.No.17858 of 2015
order has not been challenged by the petitioner.
benefits for the period that he had been in service viz., from 1964 to 1980 and for a month in the year 1985. This request had been rejected on the ground that the petitioner was removed from service and he was not superannuated to seek the pensionary benefits. Since the petitioner is now seeking the pensionary benefits without challenging his dismissal / removal order, I see no reason to interfere with the order passed by the second respondent.
Consequently, this writ petition stands dismissed. No costs.
20.06.2024
Internet : Yes Index : Yes/No Speaking order/Non-speaking order
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W.P.No.17858 of 2015
ssa
To
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W.P.No.17858 of 2015
P.T.ASHA, J.,
ssa
W.P.No.17858 of 2015
20.06.2024
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1 issue framed by the court
Whether a petitioner removed from service for unauthorized absence, without challenging the removal order, is entitled to pensionary benefits.
1 provisions across 1 enactments
L.Thiruvenkadasamy
The Secretary to Government, Agriculture Department, Secretariat, St.George Fort, Chennai
The Commissioner of Agriculture, Ezhilagam, Chennai
P.T.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
