IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 08.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.35625 of 2006 IN O.A. NO.5765 OF 1998 Vaidyanathan ... Applicant -Vs.- 1. The State of Tamilnadu Rep. by Commissioner for Revenue Administration, Chepauk, Madras 600 005. 2. The District Revenue Officer, South Arcot, Villupuram. 3. The Revenue Divisional Officer, Thirukoilyur. 4. The Tahsildar, Thirukoilyur. ... Respondents Prayer: Original Application No.5765 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to direct the respondent to pass orders in light of the G.O.Ms.No.828 and dated 23.08.1996 relating to sanction of Pension to Ex.Village Officers. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For petitioner : Mr.V.Raghavachari For respondents : Mr.S.Sivashanmugam Government Advocate ----- https://hcservices.ecourts.gov.in/hcservices/ O R D E R Original Application No.5765 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to direct the respondent to pass orders in light of the G.O.Ms.No.828 and dated 23.08.1996 relating to sanction of Pension to Ex.Village Officers. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2. The petitioner/applicant as former Village Officer has filed the Original Application in the year 1998 seeking the above stated relief. He joined the service in the year 1967. While he was in service, criminal prosecution was launched. However, it is stated that the criminal case ended in acquittal. Department proceedings were taken and continued for a very long period of time and the matter was considered by several authorities, like, the Revenue Divisional Officer, District Revenue Officer, Collector and the Board of Revenue. When the matter was pending before the authorities, he was under suspension. On 14.11.1980, the post of part time Village Officers were abolished. Therefore, the petitioner filed O.A.No.4189 of 1993 for reinstatement into service and for consequential relief. 3. The Tribunal invoking Section 11(b) of the Tamil Nadu Ordinance No.10 of 1980 held that all departmental proceedings including appeals and revisions against the part time village officers pending before any authority on the date of commencement of Ordinance shall abate. Accordingly, the proceedings against the petitioner got closed. Consequently, the Tribunal passed an order directing the respondents to consider the case of the petitioner for appointment temporarily as Village Administrative Officer with reference to the seniority on the basis of the length of service in that cadre in any existing or future vacancy. The Original Application was allowed on the above terms. 4. The petitioner now seeks the relief based on G.O.Ms.No.828 (Revenue E.Spl.1) Department Pension and Family Pension dated 23.8.1996 whereby the Government sanctioned grant of pension and family pension. Para 6 of the G.O. reads as follows:- "6) Accordingly, the Government direct that:- (i) the Civil Appeal No.6062/1994 in the Supreme Court of India against the orders of Tamil Nadu Administrative Tribunal in R.A.No.25/92, dated 12.11.93 in TA 164/90 directing the payment of pension to the Ex.Village Officers be withdrawn. https://hcservices.ecourts.gov.in/hcservices/ (ii) a sum of Rs.175/- per month with attendant benefits be paid as pension to the living Ex.Village Officers who lost their service on 14.11.80 by the Tamil Nadu Ordinance No.10/80. (iii) a sum of Rs.100/- per month be paid as family pension to the family of the deceased Ex.Village Officers who lost their service on 14.11.80 by the Tamil Nadu ordinance No.10/80. (iv) The pension and the family pension sanctioned under item Nos.(ii) and (iii) above be paid with effect from 5.12.86, the date on which the W.P.No.11773/86 was filed in the High Court, Madras originally." It is not in dispute that consequent to the order of the Tribunal, the petitioner is entitled to the benefit of the above said G.O. as in the earlier case. 5. In such view of the matter, since there is no impediment in granting the benefit of the G.O.Ms.No.828 (Revenue E.Spl.1) Department Pension and Family Pension dated 23.8.1996, the respondents are directed to grant the relief to the petitioner. The Writ Petition is allowed as prayed for. No order as to costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar vsm/ts To 1. The Commissioner for Revenue Administration, Chepauk, Madras 600 005. 2. The District Revenue Officer, South Arcot, Villupuram. https://hcservices.ecourts.gov.in/hcservices/ 3. The Revenue Divisional Officer, Thirukoilyur. 4. The Tahsildar, Thirukoilyur. + 1 c.c. TO Government Pleader SR.NO.8021 Order in W.P.No.35625 of 2006 08.02.2010 BK[CO] KS 24/02/2010 https://hcservices.ecourts.gov.in/hcservices/