A.V.THIYAGARAJAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking for a direction to the respondents to consider and dispose of his representation, dated 19.6.2012 within a time frame regarding refixation of pension in the light of G.O.Ms.No.461, Finance Department, dated 31.7.1996 and G.O.Ms.No.488, Finance Department, dated 12.8.1996.

(2.) At the time of filing of the writ petition, the petitioner is 74 years old. In the representation, dated 19.6.2012, he claimed that he was working as an Assistant Teacher in Harur. He sought for revision of pension with effect from 1.7.1996. He claimed that there has been discrimination between the persons who retired before 01.07.1996 and those who retired on the same day or after that date, which is violative of Articles 14 and 16 of the Constitution. Since his date of retirement was on 30.6.1996, the benefit of revision given to persons, who retired on or after 1.7.1996 by G.O.Ms.No.488, Finance Department, dated 12.8.1996, should be given to him.

(3.) Heavy reliance was placed upon a judgment of the Supreme Court in SUBRATA SEN v. UNION OF INDIA, 2001 4 SCT 424. Since his date of retirement falls on 30.6.1996, he must be actually considered to be retired from service from the next day on attaining the age of superannuation. The petitioner placed reliance upon an unreported judgment of this court in K.L.Ramamoorthy Vs. The Secretary to Government, Finance Department (Pension), Secretariat, Chennai and another, dated 02.02.2012 in W.P.No.49577 of 2006 (O.A.No.5345 of 2001), wherein this court relied upon a Full Bench judgment of the Central Administrative Tribunal. However, this court is not inclined to accept the interpretation placed by the petitioner.