1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2011 CORAM: THE HONOURABLE MR. JUSTICE T.RAJA W.P.(MD).No.12794 of 2011 S.Kadarkarai :Petitioner -Vs- 1.The Commissioner and Secretary to Government, Government of Tamilnadu, Fort St. George, Madras-600 009. 2.The Principal Accountant General Tamilnadu, Anna Salai, Madras-600 018. 3.The Inspector General of Registration, Madras-1. 4.The District Registrar, Tirunelveli District, Tirunelveli-627 805. 5.The District Collector, Tirunelveli District, Tirunelveli-627 805. 6.The Chief Education Officer, Tirunelveli District, Tirunelveli-627 805. :Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to pay the arrears of the petitioner's pension and other pending arrears by considering petitioner's representation dated 09.03.2010 to the 5th respondent. For Petitioner : Mr.V.Murugan For R2 : Mr.R.Gunasekaran For R1 & R3 to R6 : Mr.B.Pugalendhi,Spl.Government Pleader ORDER The petitioner has come forward with this petition, seeking writ of mandamus to direct the respondents to pay the arrears of the petitioner's pension by considering petitioner's representation dated 09.03.2010 by specifically directing the fifth respondent, the District Collector, Tirunelveli District and pass appropriate orders. 2.The learned counsel appearing for the petitioner submits that the petitioner while serving as a clerk in the District Board, High Schools from 28.03.1950 to 18.10.1952, on abolition of the District Board, he was absorbed in the Government Schools and thereafter served as clerk from 28.03.1950 to 18.11.1952. After some time, he was appointed in the Registration Department, Tirunelveli permanently in the post of clerk on 19.11.1952 and thereafter, the petitioner also rendered his full https://hcservices.ecourts.gov.in/hcservices/ 2 service till reaching the age of superannuation on 31.08.1984 and retired as Joint Sub Registrar I, Tirunelveli. 3.Therefore, the grievance of the petitioner is that the period from 28.03.1950 to 18.10.1952 have not been taken into account for the purpose of counting his service for payment of pension, hence, he has submitted his application to the District Registrar, Tirunelveli on 23.10.2008 along with copy of the G.O.No.1741 Home Department dated 11.11.1980 to pay him the arrears of pension. 4.Taking note of para No.1 of the said G.O.No.1741 dated 23.10.2008 that the service rendered in the District Board should also be counted for pension. The petitioner's representation and his prayer made in the present writ petition cannot be taken up for consideration today with an inordinate delay of 60 years. Since the petitioner at the time of his retirement, retired as a Joint Sub Registrar I, Tirunelveli on 31.08.1984, he having held the post of joint Sub-Registrar should have taken immediate and sufficient steps on the basis of the G.O.No.1741 Home Department dated 11.11.1980 about 60 years ago itself as he has not done any exercise, this Court considering his belated steps which are hopelessly barred by time is not inclined to entertain the writ petition. With the above said observation, the writ petition is dismissed. No costs. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1.The Commissioner and Secretary to Government, Government of Tamilnadu, Fort St. George, Madras-600 009. 2.The Principal Accountant General Tamilnadu, Anna Salai, Madras-600 018. 3.The Inspector General of Registration, Madras-1. 4.The District Registrar,Tirunelveli District,Tirunelveli-627805. 5.The District Collector,Tirunelveli District,Tirunelveli-627805. 6.The Chief Education Officer, Tirunelveli District, Tirunelveli-627 805. +1CC to Mr.P.Gunasekaran, Advocate. sR.No.39579. +1CC to The Special Government Pleader. SR.No.39302. Ns RP/29.11.11/2P/9C. W.P.(MD).No.12794 of 2011 11.11.2011. https://hcservices.ecourts.gov.in/hcservices/