IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 09-02-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.36989 of 2006 1.T.A.Prabakaran 2.Thirunavukkarasu 3.D.Marthal 4.M.Rajappan 5.P.Navaneetham 6.V.P.Periasamy .. Petitioners Versus The Government of Tamilnadu represented by its Secretary to Government,Finance(Pension) Department, Fort. St.George, Chennai-600 009. .. Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondent to extend the implementation of the order of the Government in G.O.Ms.No.371, Finance (Pension) Department, dated 30-04-1986 as amended character to al the petitioners who have retired or died between 1.6.1988 and 31.12.1995 and directing the respondent to count the D.A. And A.D.A as dearness pay and pay arrears of pension gratuity and value of commutation on such fixation computing on and from the date of retirement to the pensioners and family pensioners. For Petitioners : Mr.R.Mohanavel For Respondent : Mr.C.K.Vishnu Priya Additional Government Pleader O R D E R
This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus to direct the respondent to implement the Government Order, in G.O.Ms.No.371, Finance (Pension) Department, dated 30.4.1986, in favour of the petitioners, for the payment of certain monetary benefits, which may be due to them.
2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondent had relied on the decision of a Division Bench of this Court, dated 17.12.2007, made in W.A.No.1002 of 2006 (batch).
3. The learned counsel appearing on behalf of the petitioners had submitted that the Government Order, in G.O.Ms.No.371, Finance (Pension) Department, dated 30.4.1986, had been quashed by the Tamil Nadu Administrative Tribunal and thereafter, the State Government had preferred Special Leave Petitions, in S.L.P.Nos.18020 to 18021, 20887 to 20889, 20891, 20892 to 20894 and 26655 of 2008, which are pending adjudication on the file of Supreme Court.
4. In such circumstances, it would not be open to the petitioners to demand the implementation of the said Government Order, at this stage. Further, she had submitted that the benefits that may accrue to the petitioners, from the Government Order, in G.O.Ms.No.371, Finance (Pension) Department, dated 30.4.1986, could be decided only after a final order is passed by the Supreme Court in the above mentioned Special Leave petitions.
5. In such circumstances, the reliefs prayed for by the petitioners cannot be granted, at this stage. Hence, the writ petition stands dismissed. No costs. However, it goes without saying that the claim of the petitioners would be subject to the orders that may be passed by the Supreme Court in the pending Special Leave Petitions.
The Govt. of Tamil Nadu,
rep.by the Secretary to Government,
Finance (Pension) Department,
Chennai 600 009