R.SUNDARAM Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal.

(2.) The petitioner was appointed as Junior Inspector of Cooperative Societies on 1/5/1958 and got promoted to the post of Senior Inspector of Co-operative Societies in the year 1960 and got further promotion as Sub-Registrar of Co-operative Societies in the year 1970. According to the petitioner, while he was working in that capacity, he met with an accident and consequently his leg got fractured and therefore he could not walk freely and not even do his routine works and hence offered for voluntary retirement on 1/4/1984. The petitioner would state that while he opted for voluntary retirement in the year 1984, the eligibility for full pension is 33 years of qualifying service and as per the orders of the Government, full pension is 50% of average emoluments, for the last 10 months of service and since he has rendered only 25 years of qualifying service his monthly pension was fixed at Rs.444.00. It is further stated by the petitioner that the qualifying service for full pension was reduced from 33 years to 30 years by the Government vide G.O.Ms.No.461, Finance (Pension) Department, dtd. 31/7/1996 and All Pensioners Federation, Cheranmadevi had challenged the said G.O. by filing a writ petition in W.P.No.36651 of 2005 and it was dismissed. Challenging the same, writ appeal in W.A.No.789 of 2007 was filed and the same was also dismissed and S.L.P.(C).No.22870 of 2007 was filed before the Hon'ble Supreme Court of India and along with similar other matters, the S.L.P. was also disposed of with certain directions. The petitioner in order to revise his qualifying service for full pension submitted a representation dtd. 9/3/2015 and since he has not been favoured with any response, came forward to file this writ petition.

(3.) Heard the submissions of Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the first respondent and Mr.D.Venkadachalam, learned Government Advocate (Coop.) who accepts notice on behalf of the respondents 2 and 4.