Dismissed¶28

M.Elangovan, v. Government of Tamil Nadu

Madras HC13 Mar 2025WP/33984/2014

Case brief

AI extract

What is this about?

Writ petition dismissed as infructuous; pension; Part Time Panchayat Clerk; counting of part-time service with regular service for pensionary benefits; Villupuram District Collector proceedings dated 11.03.2025 (Na.Ka.No.Pa3/2146/2017); G.O.Ms.No.77 Rural Development Department dated 12.07.2013; G.O.Ms.No.39 Rural Development Department dated 13.06.2011; G.O.(Ms).No.82 Rural Development and Panchayat Raj (E5) Department dated 07.07.2022; Article 226 Constitution of India; certiorarified mandamus; petitioner absent, listed "For Dismissal"; no costs; connected Miscellaneous Petition closed; Madras High Court; C. Saravanan, J.; W.P.No.33984 of 2014; M.P.No.1 of 2014.

What did the court decide?

None; writ petition dismissed as infructuous with no costs, and connected Miscellaneous Petition (M.P.No.1 of 2014) closed. ¶28

M.Elangovan, Vs Government of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

None; writ petition dismissed as infructuous with no costs, and connected Miscellaneous Petition (M.P.No.1 of 2014) closed.

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Issue for consideration

Whether the petitioner was entitled to pension as per G.O.Ms.No.39 Rural Development Department dated 13.06.2011 with arrears and consequential benefits, calling in question G.O.Ms.No.77 Rural Development Department dated 12.07.2013. +1 more

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Ratio / Principle

The writ petition is dismissed as infructuous, the Court acting on the Additional Government Pleader's production of G.O.(Ms).No.82 dated 07.07.2022 and the proceedings dated 11.03.2025 showing that the relief sought (counting of part-time service for pensionary benefits with monetary benefits) had already been granted to the petitioner.

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Key takeaways

Consequently, the connected Miscellaneous Petition is closed.ratio¶28

Detailed headnote1 paragraphs

Madras High Court (C. Saravanan, J.), 13.03.2025 — W.P.No.33984 of 2014 and M.P.No.1 of 2014, M.Elangovan v. Government of Tamil Nadu and others. The petitioner, a Part Time Panchayat Clerk, had filed a writ petition under Article 226 seeking certiorarified mandamus to call for the records relating to G.O.Ms.No.77, Rural Development Department dated 12.07.2013 and for pension as per G.O.Ms.No.39 Rural Development Department dated 13.06.2011 with arrears and consequential benefits. After the petitioner made no appearance on 27.02.2025 and again on 13.03.2025, the matter was listed under the caption "For Dismissal". The learned Additional Government Pleader produced proceedings dated 11.03.2025 (Na.Ka.No.Pa3/2146/2017) of the District Collector, Villupuram along with G.O.(Ms).No.82 Rural Development and Panchayat Raj (E5) Department dated 07.07.2022, stating that 50% of the petitioner's service as Part Time Panchayat Clerk had been counted with regular service for pensionary benefits and all monetary benefits granted. Holding that the relief sought stood granted, the Court dismissed the writ petition as infructuous, with no costs, and closed the connected Miscellaneous Petition.

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W.P.No.33984 of 2014

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 13.03.2025

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Coram: THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P.No.33984 of 2014 and M.P.No.1 of 2014

M.Elangovan

...Petitioner

Versus

1.Government of Tamil Nadu, Rep. by its Secretary to Government, Rural Development Department, Secretariat, Fort St.George, Chennai – 600 009.

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2.The Director of Rural Development, Panagal Maaligai, Saidapet, Chennai – 600 015.

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3.The District Collector, Villupuram District, Villupuram.

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...Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records regarding to G.O.Ms.No.77, Rural Development Department dated 12.07.2013 and direct the respondents to provide the pension to the petitioner as per G.O.Ms.No.39 Rural Development Department dated 13.06.2011 with arrears of pension with all consequential benefits and within a time frame to be fixed by this Court.

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

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W.P.No.33984 of 2014

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For Petitioner : No Appearance For Respondents : Mr.E.Vijay Anand, Additional Govt. Pleader

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ORDER

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On 27.02.2025, when this writ petition was taken up for

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consideration, there was no representation on behalf of the petitioner. Hence, the case was directed to be listed under the caption, “For Dismissal” on 13.03.2025 (today).

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Accordingly, today, this writ petition is listed under the caption,

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“For Dismissal”. Even today, there is no representation for the petitioner.

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The learned Additional Government Pleader for the respondents produced a copy of the proceedings dated 11.03.2025 bearing Na.Ka.No.Pa3/2146/2017 issued by the 3^rd respondent along with a copy of Government Order in G.O.(Ms).No.82 Rural Development and Panchayat Raj (E5) Department dated 07.07.2022 before this Court and submitted that

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2/5

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

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W.P.No.33984 of 2014

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as per G.O.(Ms).No.82 Rural Development and Panchayat Raj (E5) Department dated 07.07.2022, 50% of service rendered by the petitioner in the post of Part Time Panchayat Clerk was counted along with regular service for his pensionary benefits and the petitioner has been granted with all monetary benefits. Thus, the relief sought in this writ petition has been granted to the petitioner.

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In view of the above submission made by the learned Additional Government Pleader for the respondents, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

13.03.2025

mrr

Index : Yes/No

Speaking Order (or) Non-Speaking Order

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3/5

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