U.S.PRAKASAM Vs. THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) THE petitioner herein was appointed as Assistant Surgeon in the year 1989. Thereafter, he retired as Civil Surgeon on 30.9.2009. In pursuant to the recommendation made by the Committee, a Government Order was passed in G.O.Ms.No. 354/H and FW(B2) Department dated 23.10.2009 granting pensionary benefits to those employees, who have completed twenty years of service by placing them in the next cadre. However, the G.O., having come into force with effect from 23.10.2009 and the petitioner having retired on 30.9.2009, the benefit covered therein was not effected to him even though he completed 20 years of service like that of those who retired on or after 23.10.2009.

(2.) THE learned counsel for the petitioner submitted that considering the very same G.O, the Madurai Bench of this Court by Order dated 30.4.2013 made in W.P.(MD) No. 5168 of 2011 was pleased to extend the benefit to those who retired prior to coming into effect of the G.O provided they are satisfied with the norms specified therein. Hence, he submitted that the petitioner will have to be given the same benefit. According to the learned counsel for the petitioner, the the date of coming into force of the G.O is not relevant, but the number of years of service required as mentioned therein.

(3.) THIS Court is of the view that the ratio laid down in the above said Order dated 30.4.2013 in W.P.(MD) No. 5168 of 2011 is squarely applicable to the facts of the case on hand. Accordingly, the order impugned is set aside and the writ petition stands allowed on the very same terms as held in W.P.(MD) No. 5168 of 2011. However, there is no order as to costs.