BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26/04/2006 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.(MD).Nos.3691 of 2006, W.P.(MD).Nos.3706 of 2006 S.Palanisamy ... Petitioner in W.P.No.3691 of 2006 C.Chidambaram ... Petitioner in W.P.No.3692 of 2006 N.Sadayandi ... Petitioner in W.P.No.3693 of 2006 S.Kandasamy ... Petitioner in W.P.No.3694 of 2006 S.Perumalsamy ... Petitioner in W.P.No.3695 of 2006 S.Balaguru ... Petitioner in W.P.No.3696 of 2006 P.Botthanayagam ... Petitioner in W.P.No.3697 of 2006 R.K.Paul ... Petitioner in W.P.No.3698 of 2006 R.Rengasamy ... Petitioner in W.P.No.3699 of 2006 M.Paulraj ... Petitioner in W.P.No.3700 of 2006 V.S.Satagopan ... Petitioner in W.P.No.3701 of 2006 B.Samathanam (Family Pensioner) ... Petitioner in W.P.No.3702 of 2006 P.Rajammal (Family Pensioner) ... Petitioner in W.P.No.3703 of 2006 P.Abraham ... Petitioner in W.P.No.3704 of 2006 P.Umayal (Family Pensioner) ... Petitioner in W.P.No.3705 of 2006 N.Gomathi Ammal (Family Pensioner) ... Petitioner in W.P.No.3706 of 2006 Versus The State of Tamil Nadu rep. by The Secretary to Government, Finance (Pension) Department, Fort St. George, Chennai-600 009. ... Respondent in all W.Ps.
Writ Petitions filed under Article 226 of the Constitution of India for
the issuance of Writ of Mandamus to direct the respondent to extend the
petitioners the benefit of the order of the Hon’ble Tamil Nadu Administrative
Tribunal dated 6.5.1996 in O.A.No.1919 of 1991, and the judgement dated
25.3.2004 of the Hon’ble First Division Bench of the Madras High Court in
W.P.No.15473 of 1999 as done by the Government respectively in G.O.Ms.No.271
Finance (Pension) Department dated 15.6.1998 and G.O.Ms.No.504 Finance (Pension)
Department dated 21.09.2004 in respect of the members of the Ambasamudram Taluk
Pensioners Association and certain other pensioners of the Judicial Department
and pay the consequential arrears of Family Pension to the petitioners within a
stipulated period.
!For Petitioners in all WPs ... Mr.B.Alagarsamy ^For Respondents in all WPs ... Mr.C.Selvaraj Govt. Advocate. :COMMON ORDER
Mr.C.Selvaraj, the learned Government Advocate takes notice on behalf of
the respondents.
2. Heard the learned counsel appearing for the petitioners and the learned
Government Advocate appearing for the respondents. By consent of both the
counsel the writ petitions are taken up for final disposal. Since the issue
involved in all these writ petitions are same, these writ petitions are disposed
by this common order.
3. These writ petitions are filed for a direction to the respondent to
extend the petitioners the benefit of the order of the Hon’ble Tamil Nadu
Administrative Tribunal dated 6.5.1996 in O.A.No.1919 of 1991, and the judgement
dated 25.3.2004 of the Hon’ble First Division Bench of the Madras High Court in
W.P.No.15473 of 1999 as done by the Government respectively in G.O.Ms.No.271
Finance (Pension) Department dated 15.6.1998 and G.O.Ms.No.504 Finance (Pension)
Department dated 21.09.2004 in respect of the members of the Ambasamudram Taluk
Pensioners Association and certain other pensioners of the Judicial Department
and pay the consequential arrears of Family Pension to the petitioners within a
stipulated period.
4. The issue involved in the present matters is covered by a decision of
the Division Bench of this Court in W.P.No.15473 of 1999 dated 25.3.2004 and
therefore according to the petitioners based on the Division Bench judgement
similar order can also be passed in these writ petitions.
5. Having regard to the submission made by the learned counsel on either
side, and after perusing the order dated 25.3.2004 the respondent is hereby
directed to extend the same benefits to the petitioners as were extended by the
Tribunal by its order dated 6.5.1996 in O.A.No.1919 of 1991. This exercise
shall be done within a period of three months from the date of receipt of a copy
of this order.
6. With the above direction, these writ petitions are disposed of. No
costs.
mvk
To
The State of Tamil Nadu rep. by
The Secretary to Government,
Finance (Pension) Department,
Fort St. George,
Chennai-600 009.