LAWS(MAD)-2022-2-283

STATE OF TAMIL NADU Vs. N. KOTTAICHAMY

Decided On February 04, 2022
STATE OF TAMIL NADU Appellant
V/S
N. Kottaichamy Respondents

JUDGEMENT

(1.) Respondents in WA.(MD).Nos.183 and 185 of 2020, filed writ petitions in WP.(MD).Nos.20966/2014 and 3113/2015 respectively. They filed the respective writ petitions with identical prayer for issuance of a Writ of Mandamus directing the respondents 1 and 3, namely, the appellants 1 and 3 in WA. (MD).Nos.183 and 185 of 2020, to send revised pension proposals to the Accountant General, Chennai, calculating half of the services put in by the petitioners as Karnam within a specific time frame.

(2.) The writ petitions were heard along with a batch of writ petitions and allowed by a common order dtd. 23/3/2018 on the ground that this Court has held in more than one occasion that 50% of the service put in by them even prior to 14/11/1980 must be taken into account for computing pensionary benefits. The writ petitioners were serving as Village Karnam till the posts were abolished on 14/11/1980. Subsequently, the writ petitioners were absorbed as Village Administrative Officers. Both the writ petitioners retired from service. Since the services put in by the petitioners as Karnam were not counted for pension, the writ petitions came to be filed.

(3.) Aggrieved by the common order dtd. 23/3/2018, in the batch of 19 writ petitions, the writ petitioners in the Review Applications filed WA.(MD).Nos.183 and 185 of 2020 as regards the writ petitioners in WP.(MD).No.20966/2014 and WP. (MD).No.3113/2015 on the only ground that the services rendered as Village Karnam till 14/11/1980 was on part time basis and hence, they are not entitled to count their past service for the purpose of pension.