IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.09.2009 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.NO.30079 OF 2006 (O.A.NO.4355 OF 1998) M.Ganesh .. Petitioner Vs. 1.The Collector of Chennai, Chennai-1. 2.The Personal Assistant (General) to the Collector of Chennai, Chennai-1. .. Respondents This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records pertaining to the order bearing No.D.Dis.A4.9753/96, dated 25.4.1997 of the first respondent in confirming the order bearing D.Dis.A-4.27696/95 dated 9.9.1995 of the second respondent and to quash the same and to direct the respondents to count the past service of the applicant for the purpose of fixation of scale of pay and for other service benefits including pensionary benefits in the cadre of Karnam. For Petitioner : Mr.V.Suthakar For Respondents : Mr.R.Neelakandan, GA ORDER Heard both sides. 2.This writ petition arose out of O.A.No.4355 of 1998 filed by the petitioner before the Tamil Nadu Administrative Tribunal. In view of the abolition of the Tribunal, it was transferred to this court and was renumbered as W.P.No.30079 of 2006. 3.The petitioner sought for the issuance of a writ of certiorarified mandamus to call for the records pertaining to the order bearing No.D.Dis.A4.9753/96, dated 25.4.1997 of the first respondent in confirming the order bearing D.Dis.A-4.27696/95 dated 9.9.1995 of the second respondent and to quash the same and to direct the respondents to count the past service of the applicant for the purpose of fixation of scale of pay and for other service benefits including pensionary benefits in the cadre of Karnam. https://hcservices.ecourts.gov.in/hcservices/ 4.By the impugned order, dated 9.9.95, the petitioner was informed that his request for counting the service from 1969 to 1981 as Karnam for fixation of pay in the present time scale of pay was negatived. It was stated that his present appointment as Karnam with effect from 1.5.94 was on compassionate ground and his past service intercepted by suspension and removal cannot be taken note of. The petitioner preferred an appeal against the said order. The first respondent by an order dated 25.4.97 rejected his request. Therefore, he filed OA No.4355 of 1998 before the tribunal. 5.The petitioner who was working as a village karnam was removed from service by an order dated 9.6.81 by the second respondent. He filed a writ petition before this court being WP No.2863/84. In view of the formation of the State Tribunal, the matter was transferred and renumbered as TA.No.1069/89. The Tribunal disposed of the said TA by a final order, dated 23.9.92. In the operative portion of the order, the tribunal observed as follows: "The applicant had served for a period of 11 years when he was placed under suspension, and he was removed from service in 6/81. His appeals to the collector had been dismissed by proceedings No.A3/73555/81, dated 28.10.1981. His petition to the commissioner had been dismissed in D.Dis (D) 137385/81 dated 31.5.1982 and by the Government in G.O.Ms.No.1830 Revenue dated 27.10.1983. He has been out of work for the last 11 years and thus reaches the age at nearly 50. Since removal from service is not a disqualification, the respondents are directed, on compassionate grounds to consider reappointing him. Denial of service for over 10 years following the period of suspension should serve a sufficient retribution for his misconduct and he could be given another chance with the expectation that following the punishment, he will conduct himself properly hereafter." 6. When that order was not implemented, a contempt application being CA No.379/93 was filed. The tribunal, by an order, dated 29.4.94 held that he is deemed to be appointed with effect from 1.5.94 and necessary posting order should be given to him. Accordingly, the Government issued G.O.Ms.No.718 Revenue Dept., dated 22.11.94, giving direction to implement the said order. The second respondent by an order dated 30.11.94 gave a posting to the petitioner in the office of Tahsildar Mylapore, Triplicane. It was thereafter, the petitioner filed a representation, dated 10.4.95 which resulted in the impugned orders came to be passed. 7. On notice from the Tribunal, the first respondent has filed a reply affidavit, dated 12.10.98. In that reply affidavit, it was stated that the appointment from 1.5.94 is a fresh appointment and https://hcservices.ecourts.gov.in/hcservices/ he cannot claim the interregnum service for fixation of pay and other benefits. 8. When the matter came up before this court, the learned counsel for the petitioner stated that it was not the intention of the tribunal when it granted a reappointment to deprive his entire earlier service. Therefore, that should be taken note of for the purpose of fixation of scale of pay and other service benefits. Alternatively, the learned counsel contended that if he should be given the benefit of computing the service rendered between 27.11.1969, the date on which he was appointed and 9.6.81, the date on which he was removed should be counted for the purpose of terminal benefits. The second request made by the petitioner is acceptable. Since the petitioner has rendered service from 1969 to 1981 nearly for a period of 12 years in the very same post, the said service can be counted for the purpose of pension and DCRG. 9. During the pendency of the OA, the petitioner reached the age of superannuation during the year 2002 itself. Therefore, a direction is issued to the respondents to count the petitioner's service from 1969 to 1981 for pension and gratuity purposes and accordingly revise his pension and DCRG in terms of this order within a period of three months from the date of receipt of this order. This writ petition is disposed of accordingly. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. vvk To 1.The Collector of Chennai, Chennai-1. 2.The Personal Assistant (General) to the Collector of Chennai, Chennai-1. + 1 cc to Mr.V.Suthakar, Advocate, SR.No.49636. + 1 cc to Govt. Pleader, SR.No.50045. ORDER IN W.P.NO.30079 OF 2006 AKR (CO) A.S./07.10.2009 https://hcservices.ecourts.gov.in/hcservices/