LAWS(MAD)-2020-10-261

MOHANAVALLI Vs. STATE OF TAMILNADU

Decided On October 28, 2020
Mohanavalli Appellant
V/S
STATE OF TAMILNADU Respondents

JUDGEMENT

(1.) The case of the petitioner is that her husband was selected for the appointment to the post of Rural Medical Practitioner on merits and he joined service on 02.01.1973. His service was regularised with effect from 01.10.1984 and after regularisation, he attained the age of superannuation with effect from 28.02.1994. He died on 01.05.2004 and her claim is that half of his service with effect from 02.01.1973 till 30.09.1984 should be taken into account along with his regular service, i.e., if 9 years 4 months and 27 days was taken, her husband would have been paid pensionary benefits with effect from 01.03.1994.

(2.) It is the further case of the petitioner that as per the Government Order G.O.Ms.No.118 dated 14.02.1996 and order passed by this court in number of similar cases, her husband would have been paid pensionary benefits with effect from 01.03.1994 by adding half of his services from 03.01.1973 to 01.03.1994 along with his regular service viz., 9 years 4 months and 27 days, pensionary benefits would have been paid for the same.

(3.) It is averred by the writ petitioner that though she has made several representations dated 07.06.1999 and 21.10.2005 seeking payment in respect of her husband retirement benefits, there is no action on that also. Therefore, she has filed the present writ petition before this court.