LAWS(MAD)-2024-3-352

D. SELVARAJ Vs. STATE OF TAMIL NADU

Decided On March 08, 2024
D. SELVARAJ Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) This petition has been filed to review the order of this Court dtd. 2/9/2021 made in W.A.No.1463 of 2021.

(2.) On a careful scrutiny of documents and records, it reveals that the petitioner's appointment was approved with effect from 1/2/2004. However, this order was never challenged by the petitioner or the second respondent at any point of time. Therefore, the learned Single Judge while disposing of the Writ Petition, specifically held that the petitioner's appointment was approved only with effect from 1/2/2004 and therefore, the petitioner is not entitled to monetary benefits by taking his appointment with effect from 7/1/2001. In this case, the petitioner seeks pension under old pension scheme. The petitioner has been contributing under the new scheme from 2004 and hence, he is aware of the consequences of approving his appointment with effect from 1/2/2004.

(3.) Eventhough the petitioner was given liberty to make a representation by the learned Single Judge, the Division Bench has held that in view of the admitted fact that the petitioner has not challenged the earlier order approving appointment with effect from 1/2/2004, there is no necessity for considering the representation once again by the authorities and the direction to make a fresh representation to the authorities is not warranted.