TAMIL NADU GOVT. RETIRED MEDICAL OFFICERS ASSOCIATION Vs. STATE OF TAMIL NADU REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT AND OTHERS

JUDGEMENT

(1.) The writ petition in W.P.(MD). No. 5168 of 2011 has been filed under Article 226 of the Constitution of India, by Tamil Nadu Govt., Retired Medical Officers Association, Madurai District, seeking an order in the nature of writ of mandamus, directing the respondents to fix and pay, revised pension, as per G.O.Ms. No. 354, Health and Family Welfare (B2) Department, dated 23.10.2009 for the post of Professor, to the members of the Tamil Nadu Govt. Retired Medical Officers Association, considering the post they were holding at the time of their retirement. The relief sought for in the writ petition is to provide pension to the members of Tamil Nadu Govt. Retired Medical Officers' Association, as per G.O.Ms. No. 354 of 2009 read with G.O.Ms. No. 235, Finance (Pay Cell) Department, dated 01.06.2009 and G.O.Ms. No. 200, Finance (Pay Cell) Department, dated 18.05.2009 and consequently to pay all the arrears of pension payable to the members of the petitioner's association pursuant to fixation of revised pension from the respective eligible dates. The writ petition in W.P. (MD). No. 9215 of 2011 has been filed under Article 226 of the Constitution of India, by Dr. T. Rajagopal, in his individual capacity, seeking an order in the nature of writ of certiorarified mandamus, calling for the records pertaining to the proceeding in Letter No. 27434/Pay Cell/2011-1, dated 22.07.2011 on the file of the first respondent and quash the same and further to direct, the respondents to revise and pay, the petitioner's pension on the basis of pay scale of Chief Civil Surgeon, as prescribed in G.O.(Ms) No. 354, Health and Family Welfare (B2) Department, dated 23.10.2009.

(2.) It is not in dispute that W.P. (MD). No. 5168 of 2011 has been filed by Dr. T. Rajagopal, as President of Tamil Nadu Government Retired Medical Officers Association, Madurai District and W.P.(MD). No. 9215 of 2011 has been filed by him in his individual capacity. However, the relief sought for in both the writ petitions are similar in nature, hence, both the writ petitions were heard together and a common order is being passed by this Court.

(3.) In this common order, for the sake of convenience, Dr. T. Rajagopal, the petitioner in W.P.(MD). No. 9215 of 2011 is referred to as "petitioner" and Tamil Nadu Government Retired Medical Officers Association, Madurai District, the petitioner in W.P.(MD). No. 5168 of 2011 is referred to as "Retired Medical Officers' Association".