S. KRISHNAMURTHY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr.P.Mohanraj, learned counsel appearing for the petitioner, Mr.M.Shahjahan, learned Special Government Pleader for the respondents 1, 3 and 4 and Mr.V.Vijayashankar, learned counsel for the second respondent.

(2.) The petitioner herein retired from his service on 30/6/2010, while serving as an Assistant in the Revenue Divisional Office, Cheyyar. Prior to that, he had served as Karnam in Thiruvannamalai District from 22/10/1972 to 14/11/1980. After the post of Karnam was abolished, he was appointed as a Village Administrative Officer on 11/8/1982. After 6 years from the date of his retirement, the second respondent had passed the impugned order dtd. 14/1/2016, revising the petitioner's monthly pension from Rs.8,670.00 to Rs.8,092.00 and recommended for recovering all the excess payments made. Challenging the said order, the present writ petition has been filed.

(3.) The learned counsel for the petitioner submitted that as per the decision of the Hon'ble Full Bench of this Court in the case of Government of Tamil Nadu, Public Works Department Vs. R.Kaliyamoorthy reported in 2019 (6) CTC 705, 50% of the services rendered by a Government servant in a non-provincialised service requires to be counted, for the purpose of conferment of pensionary benefits. However, contrary to the decision of the Hon'ble Full Bench of this Court, the present impugned order has been passed, revising the petitioner's monthly pension, by ignoring the past services of the petitioner as a Village Karnam.