STATE OF TAMIL NADU Vs. R. MARIAPPAN

JUDGEMENT

(1.) The intra-Court Appeal arises out of the order dated 03.10.2016 in W.P. No. 16681 of 2015 passed by the Learned Judge of this Court. The parties are hereinafter referred to as per their description in the Writ Petition for the sake of convenience.

(2.) The Petitioner was initially appointed as Rural Medical Officer on 17.04.1976 in Panchayat Union Dispensary at Sivakasi, Virudhunagar District borne out under the Panchayat Union Establishment and was getting consolidated pay up to 30.09.1984. The Government of Tamil Nadu in G.O. (Rt.) No. 16, Rural Development (E5) Department dated 29.01.1998 directed the payment of salary to Rural Medical Officers in time scale of pay with effect from 01.10.1984 in terms of G.O. 737, Finance (Pay Cell) Department dated 11.07.1985. The Petitioner retired from service on attaining the age of superannuation on 31.05.2001. The request of the Petitioner to take note of 50% for the period of service as Rural Medical Officer till 01.10.1984 for the purpose of granting pension was rejected by the Assistant Director, Local Fund Audit Department, Chennai by letter Mu. Mu. No.26036/Vu. O.O. Sa. (3)/2014 dated 04.09.2014. Hence, the Petitioner filed W.P. No. 16681 of 2015 challenging the same and had sought for consequential direction to Respondents to take note note of 50% of the period of service of the Petitioner as Rural Medical Officer till 01.10.1984 for the purpose of granting pension. The Learned Judge, who heard the Writ Petition, by order dated 03.10.2016, following the order dated 08.10.2012 in W.A. No. 1618 of 2012 passed by the Division Bench of this Court confirming the order dated 12.11.2011 in W.P. Nos. 53 to 56 of 2011, allowed that Writ Petition. Aggrieved thereby, the Respondents have preferred this appeal.

(3.) We have heard Mrs. A. Sri Jayanthi, Learned Special Government Pleader appearing on behalf of the Respondents, Mr. S. Ramesh, Learned Counsel for the Petitioner and perused the materials placed on record, apart from the pleadings of the parties.