MAKBUL BEE Vs. COMMISSIONER AND SECRETARY DEPARTMENT OF RURAL DEVELOPMENT GOVERNMENT OF TAMILNADU SECRETARIAT

JUDGEMENT

(1.) ONE Dr. Syed Yousuf was appointed as Rural Medical Practioner in Anchetty Thally Panchayat Union by an order dated 21.11.1978. He died on 16.11.1991. The legal heirs of Dr.Syed Yousuf filed O.A.No,4218 of 1993 claiming scale of pay and retirement benefits. The Tribunal passed an order on 09.09.1997 issuing the following directions: "The third respondent is directed to grant the scale of pay of Rs.905-1545 to late Dr.Syed Yusuf from 01.10.1985 to 31.03.1990 and disburse the arrears to the applicant within eight weeks from the date of receipt of a copy of this order. The second respondent and the third respondent are directed to grant family pension to the applicant with effect from 17.11.1991 and disburse the arrears within 16 weeks from the date of receipt of a copy of this order."

(2.) TALLY Panchayat Union filed W.P.No.1899 of 1998 to quash the aforesaid order of the Tribunal. A Division Bench of this Court on 28.10.1999 modified the order of the Tribunal as follows: "We have heard the learned counsel appearing on either side and perused the materials on record. So far as the grant of time scale pay is concerned, it is to be stated in view of the statement made by the State/Panchayat Union, in view of G.O.Ms.No.16 dated 29.01.1998, mentioned above. So far as the grant of family pension is concerned, on consideration we find that all these are the disputed questions of fact and it cannot be agitated or decided, nor gone into by this Court, particularly in the absence of any pleading and specific finding of the Tribunal. Under the circumstances, the order of the Tribunal granting family pension is uncalled for at this stage. Therefore, the order of granting family pension is set aside."

(3.) BASED on this G.O.Ms.No.16, the order of the Tribunal granting the scale to the petitioners from 01.10.1985 was changed to 01.10.1984 by a Division Bench of this Court on 28.10.1999 in W.P.No.1899 of 1998 as stated above. Accordingly, the arrears were also paid.