LAWS(MAD)-2022-10-7

S. THANGARAJ Vs. GOVERNMENT OF TAMIL NADU

Decided On October 10, 2022
S. THANGARAJ Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) This writ petition has been filed for a mandamus seeking for a direction to the respondents to count the regular service of the petitioner for the period from 8/3/1999 till 31/3/2020 (21 years and 24 days) alleged to have been rendered by the petitioner vide G.O.Ms.No.8, Environment and Forest (FR-2-II) Department dtd. 21/1/2019 along with half of the service rendered by the petitioner on daily rated basis for the period from 1/5/1985 till 7/3/1999 (6 years 11 months and 4 days) taken together i.e., 27 years, 11 months and 28 days instead of 13 years, 3 months and 20 days and send a revised pension proposal to the fourth respondent by the third respondent so as to enable the petitioner to get revised pension with all consequential monetary benefits within a time frame to be fixed by this Court.

(2.) Mr.K.H.Ravikumar, learned Government Advocate accepts notice on behalf of the respondents. By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.

(3.) According to the petitioner, the fourth respondent has erroneously sanctioned the pension payable to the petitioner by counting only 13 years, 3 months and 20 days as qualifying service of the petitioner. According to him, the fourth respondent has erroneously excluded the suspension period of the petitioner ie. 14 years 8 months and 8 days. According to him, his suspension period was regularised by the Government. The petitioner has given a representation on 10/8/2021 to the respondents stating that the pension was not properly fixed and has sought for proper fixation. Since the said representation has not been considered till date, the petitioner has filed this writ petition.