A.Muthiah Vs The Government of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

A.Muthiah Vs The Government of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Impugned communication dated 28.01.2014 quashed; case remitted to the 1st respondent for fresh orders on merits, preferably within three months, bearing in mind the petitioner's age of about 75 years; writ petition disposed of with no costs.

Issue for consideration

Whether the petitioner's services from 02.09.1963 to 30.04.1964 as Grade III Librarian and from 06.08.1964 (wrongly mentioned as 07.03.1969) to 16.07.1969 as Grade II Librarian in the local library authority, Chennai city, are to be included for calculating his pensionary benefits under the Tamil Nadu Pension Rules, 1978. +1 more

Ratio / Principle

Since the issue has attained clarity in terms of the decision of the Full Bench of this Court in Government of Tamil Nadu v. R.Kaliyamoorthy (Order dated 03.12.2019), the ratio laid down in that Full Bench decision has to be considered while deciding the petitioner's entitlement on the admitted facts.

Key takeaways

The Impugned Order dated 28.01.2014 of the 1st respondent is quashed.ratio¶37
The case is remitted to the 1st respondent to pass fresh orders on merits as expeditiously as possible, preferably within a period of three months from receipt of a copy of the order, considering that the petitioner is aged about 75 years as on the date of the order.ratio¶41

Detailed headnote1 paragraphs

MADRAS HIGH COURT (C. Saravanan, J.) - W.P.No.27172 of 2014, decided 03.04.2025 - Pension - Tamil Nadu Pension Rules, 1978 - Retired employee (A. Muthiah) sought inclusion, for pensionary benefits, of his service as Grade III Librarian from 02.09.1963 to 30.04.1964 and as Grade II Librarian from 06.08.1964 (wrongly mentioned in the prayer as 07.03.1969) to 16.07.1969 in the local Library Authority, Chennai city; his request was rejected by Government communication Lr.No.5765/E.2/2011-10 dated 28.01.2014 following representations made in 2011-2013 - Held: as the issue had attained clarity in terms of the decision of the Full Bench of the Court in Government of Tamil Nadu v. R.Kaliyamoorthy (Order dated 03.12.2019), the ratio of that Full Bench decision had to be considered and a fresh order passed after ascertaining the petitioner's entitlement in light of the admitted facts - Accordingly, the Impugned Order dated 28.01.2014 was quashed and the case remitted to the 1st respondent to pass fresh orders on merits, preferably within three months, considering the petitioner's age of about 75 years - Writ petition disposed of with no costs.

W.P.No.27172 of 2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P.No.27172 of 2014

A.Muthiah

... Petitioner

Vs

1.The Government of Tamilnadu,

Rep by Secretary,

Department of Higher (E2) Education,

Fort.St.George,

Chennai – 600 009.

2.The Director of Collegiate Education,

Chennai – 600 006.

3.The Joint Director Collegiate Education, Madurai Region, Madurai – 20.

4.The Lakshmi College of Education, Rep by its Secretary, Gandhigram – 624 302. ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to Lr.No.5765/E.2/2011-10 dated 28.01.2014 issued by the 1^st

1/6

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

W.P.No.27172 of 2014

respondent herein and quash the same and consequentially direct the respondents to include the services of the petitioner from 02.09.1963 to 30.04.1964 as Grade III Librarian and from 07.03.1969 to 16.07.1969 as Grade II Librarian in the local Library authority, Chennai city for the purpose of calculation his pension.

For Petitioner : Mr.P.Mallikarjun for Mr.C.Prasanna Venkatesh

For Respondents : Mr.C.Jayaprakash Government Advocate for R1 to R3

ORDER

The Petitioner has challenged the Communication dated 28.01.2014 (hereinafter referred to as the 'Impugned Order'), whereby,

the request of the Petitioner for including the service of the petitioner from 02.09.1963 to 30.04.1964 as Grade III Librarian and therefore from 06.08.1964 (wrongly mentioned as 07.03.1969) to 16.07.1969 as Grade II Librarian in the local library authority while calculating the pensionary benefit of the Petitioner under the provisions of the Tamil Nadu Pension Rules, 1978, was rejected.

2/6

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

W.P.No.27172 of 2014

It is noticed that the Impugned Order dated 28.01.2014 is of the year 2014, pursuant to the Representation of the Petitioner made in the years 2011-2013 to include the service of the Petitioner rendered as Grade III and Grade II Librarian for the purpose of calculating pensionary benefits.

The issue has attained clarity in terms of the decision of the Full Bench of this Court in the Government of Tamil Nadu, Rep by Secretary to Government, Public Works Department, Secretariat, Chennai and others Vs. R.Kaliyamoorthy vide Order dated 03.12.2019.

Therefore, the ratio laid down by the Full Bench of this Court in

the aforesaid case has to be considered and a fresh order has to be passed after ascertaining whether the Petitioner could be entitled to the relief sought for in this Writ Petition in the light of the admitted facts of the case.

Considering the same, the Impugned Order dated 28.01.2014 of

the 1^st Respondent is quashed and the case is remitted back to the 1^st

3/6

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

W.P.No.27172 of 2014

Respondent to pass fresh orders on merits as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order and by considering the fact that the Petitioner is aged about 75 years as on the date of this order.

This Writ Petition stands disposed of with the above

observations. No costs.

03.04.2025

Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation : Yes/No jas

4/6

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

W.P.No.27172 of 2014

To

1.The Government of Tamilnadu, Rep by Secretary, Department of Higher (E2) Education, Fort.St.George, Chennai – 600 009.

2.The Director of Collegiate Education, Chennai – 600 006.

3.The Joint Director Collegiate Education, Madurai Region, Madurai – 20.

4.The Lakshmi College of Education, Rep by its Secretary, Gandhigram – 624 302.

5/6

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

W.P.No.27172 of 2014

C.SARAVANAN, J.

jas

W.P.No.27172 of 2014

03.04.2025

6/6

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