LAWS(MAD)-2023-10-103

GOVERNMENT OF TAMIL NADU Vs. P.PERUMAL

Decided On October 04, 2023
GOVERNMENT OF TAMIL NADU Appellant
V/S
P.PERUMAL Respondents

JUDGEMENT

(1.) This appeal has been directed against the order passed by the writ court dtd. 19/6/2015 made in W.P.No.17507 of 2015.

(2.) The respondent was initially appointed as a Plot Watcher on 1/8/1984 in the appellant Department on daily wage basis and he was regularized in service as Plot Watcher (supernumerary post) on 7/8/2009. Thereafter, he retired from service on 31/5/2015. After retirement, for getting pension 50% of the past service rendered by him prior to his regularization whether was to be taken into account or not was the issue raised in the writ petition, which was answered by the learned Judge through the impugned order, of course by following the earlier orders passed in W.A.Nos.27 and 28 of 2012 dtd. 13/2/2012 in the matter of "Government of Tamil Nadu Rep. by its Secretary to the Government -Vs- M.Gopal). In fact, the said order of the Division Bench was confirmed by the Hon'ble Supreme Court in SLP Nos.14838 and 14839 of 2012 by order dtd. 10/5/2012.

(3.) Though this writ appeal is directed as against the said order passed by the writ Court dtd. 19/6/2015, subsequent to this order, the Government had come forward to comply with the orders of this Court along with similar orders passed in various lis. As those litigations were similarly placed like the present respondent, where the case of 90 such people like the respondent had been considered and 50% of past service prior to their regularization has been taken into account for calculating total pensionable service.