IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 11.2.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition Nos.38616 and 44235 of 2006 K.RAJENDRAN ... PETITIONER in W.P.No.38616 of 2006 A.Poonusamy ... PETITIONER in W.P.No.44235 of 2006 Vs 1. THE STATE OF TAMILNADU REP.BY THE SECRETARY TO GOVT. P & A.R. DEPT. SECRETARIAT, CHENNAI-9 2. THE TAHSILDAR, VILLATHIKULAM TALUK, VILLATHIKULAM ... RESPONDENTS in both W.Ps. Original Application Nos.5403 and 5503 of 1999 were filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for the records on the file of the first respondent in connection with the order passed by him in Letter No. 71610/Ser.VII (1) 96-4 dated 25.2.97 and also on the file of the second respondent in his proceedings A4.478/99 dated 30.01.99 and quash the same and direct the respondents to pay the pension arrears and the monthly pension for the service rendered by him as erstwhile village official on or before 14.11.80 with 18% p.a. with effect from the date of due by issuing a Writ of Certiorarified Mandamus. Since the Tamil Nadu Administrative Tribunal was abolished, the O.As. were received by transfer and numbered as Writ Petitions. For petitioner in both W.Ps. : Mr.R.Singaravelan For respondents in both W.Ps. : Mr.B.Vijay Government Advocate. COMMON ORDER Original Application Nos.5403 and 5503 of 1999 were filed https://hcservices.ecourts.gov.in/hcservices/ before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for the records of the first respondent in connection with the order passed by him in Letter No.71610/Ser.VII(1) 96-4 dated 25.2.97 and also on the file of the second respondent in his proceedings A4.478/99 dated 30.01.99 and quash the same and direct the respondents to pay the pension arrears and the monthly pension for the service rendered by him as erstwhile village official on or before 14.11.80 with 18% p.a. with effect from the date of due by issuing a Writ of Certiorarified Mandamus. Since the Tamil Nadu Administrative Tribunal was abolished, the O.As. were received by transfer and numbered as Writ Petitions. 2. The applicants/petitioners, the Ex.Village Karnams, seek the above stated relief. They claim that the period of service rendered as village official has to be taken into consideration for the pensionary benefits. 3. This Court earlier considered the claim of similarly placed persons and passed the following orders in W.P.No.40610 of 2006 dated 22.4.2009. Paragraphs 2 to 4 of the said order reads as follows:- "2. The case of the petitioner is that he served as a Village Official in Vilathikulam Taluk and on 14.11.1980, the post of Village Karnam, Village Headman and village Munsif were abolished by the State Government by Act 10 of 1980. Thereafter, the erstwhile Village Officials were given appointment to the post of Panchayat Assistant on consolidated pay. The erstwhile Village Officials filed an application before the Tribunal for sanction of monthly pension and as per Government Letter No.71610/7.1/96 dated 25.2.1997, monthly pension was also ordered. According to the petitioner, as per the said order of the Government, the petitioner is entitled to pension and arrears with effect from 05.12.1986 up to the date of joining as Panchayat Assistant. The said pension having not been sanctioned, the petitioner has filed the above original application. 3. The respondents have filed counter affidavit by stating that according to the Government Letter dated 25.02.1997, the Trainee Officers, who have been retrenched from service on 14.11.1980 and subsequently appointed as Panchayat Assistant, are eligible for pension from the date of retrenchment, i.e., from 14.11.1980, to the https://hcservices.ecourts.gov.in/hcservices/ date of appointment. But they can apply for payment of pension to such period only after retirement from the post of Panchayat Assistant. "4. In view of the said stand taken by the respondent in the counter affidavit and the petitioner, having retired from service as of now, if the pension ordered is not paid to the petitioner as on date, the petitioner is given liberty to make a representation before the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order and the appropriate respondent is directed to consider the claim in accordance with the Government Order as well as the statement made by the 2nd respondent in the counter affidavit as stated above, within a period of two months from the date of receipt of the representation of the petitioner. The writ petition is disposed of accordingly." 4. In view of the above earlier order of this Court, both these writ petitions are ordered with liberty to give representations as above. Both the Writ Petitions are disposed off on the same terms. No costs. Sd/- Assistant Registrar /True Copy/ Sub Asst.Registrar ts To 1. THE SECRETARY TO GOVT. P & A.R. DEPT. SECRETARIAT, CHENNAI-9 2. THE TAHSILDAR, VILLATHIKULAM TALUK, VILLATHIKULAM +2 Ccs to Mr.R.Singgaraveelan, Advocate SR.Nos.9217 & 9216 +2 Ccs to Government Pleader Sr.Nos.9768 & 9437 W.P.Nos.38616 & 44235 of 2006 VSV (CO) https://hcservices.ecourts.gov.in/hcservices/