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P.Pandidurai vs The Secretary To Government

Madras High Court|26 July, 2017

JUDGMENT / ORDER

By consent of both sides, this writ petition itself is taken up for final disposal.
2.The petitioner was appointed as Watchman in the Construction Circle of the Cooperative Department on 05.07.1978 and continued till 26.11.1999. As he was promoted as Driver on 27.11.1999, the Construction circle of the Cooperative Department became defunct on 31.08.2003. Therefore, he was observed in the Cooperative Department. But his grievance appears to be that the period of his service from 05.07.1978 to 26.11.1999 rendered in the construction circle, was not taken into account, for the purpose of calculation of pension on par with 46 workers, when they have been given the same benefit, as per G.O.3D No.33 Public Works (C1) Department dated 03.11.2016. Therefore, he has given a representation on 09.04.2017 to the 1st respondent to take into account the period of his service from 05.07.1978 to 26.11.1999 for the purpose of calculation of his pension.
3. It is also his claim that when G.O.(3D) No.33 Public Works C1 Department dated 03.11.2016 was issued giving the benefit of counting the temporary service rendered by the similarly placed 46 persons in the Construction Wing of the Cooperative Department for pension as a special case, taking it as a cause of action, the aforementioned representation dated 09.04.2017 has been given. Therefore, there cannot be any delay on the part of the petitioner.
4. The learned Additional Government Pleader, who takes notice for the respondents, sought time to consider the petitioner's representation.
5. Therefore, the 1st respondent is directed to consider the representation of the petitioner dated 09.04.2017, in the light of G.O.(3D).No.33, Public Works (C1) Department dated 03.11.2016, within a period of eight weeks from the date of receipt of a copy of this order.
6. The Writ Petition is disposed of with the above direction. No costs.
To
1.The Secretary to Government, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai-600 009.
2.The Deputy Registrar of Co-operative Societies, Near Collectorate Complex, Opposite to Government Women's College, Sivagangai.
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Title

P.Pandidurai vs The Secretary To Government

Court

Madras High Court

JudgmentDate
26 July, 2017