N S MUTHIAMPERUMAL MARTHANDAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) PETITION under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to set aside the order of the Tahsildar, Rahdapuram, Tirunelveli District in his proceedings R.C.N. 238957/97 dated 10-9-1997 and to direct the respondents to pay pension to the petitioner in terms of G.O.Ms. 828 Revenue Department dated 23-8-1996.) The petitioner filed O.A.No.10068 of 1997 seeking to set aside the order of the fourth respondent Tahsildar dated 10.9.1997 and for a consequential direction to pay the pension to the petitioner in terms of G.O.Ms.No,828, Revenue Department, dated 23.8.1996.

(2.) THE petitioner was working as a Village officer at Kootapanai Village, Radhapuram Taluk. He was dismissed from service on 18.3.1973 for failure to report illicit cutting of Odai trees in certain Survey Numbers and also having accompanied with those illicit tree cutters. He filed an appeal to the District Revenue Officer, Thirunelveli, which was dismissed by him on 14.12.1975. A Revision Petition was filed by him to the first respondent State, which was also rejected on 24.5.1975.

(3.) THE vires of the said Act was challenged before the Supreme Court. THE Supreme Court upheld the vires of the said Act by judgment in K.Rajendran vs. State of Tamil Nadu reported in 1982 (2) SCC 273. However, it was stated that the persons, who lost their office by virtue of the legislation may be considered for future employment as Village Administrative Officers, provided they come within the age norm fixed by the State and also having necessary educational qualification.