IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.09.2017 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.27205 of 2005 R.C.Daniel ... Petitioner Vs.
1. The State of Tamil Nadu, Rep by Secretary to Government, Housing and Urban Development Department Fort St.George, Chennai – 600 009.
2. The Tamil Nadu Slum Clearance Board, Rep by its Chairman, No.5, Kamarajar Salai, Chepauk, Chennai. ... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent ending with Na.Ka.13/17443/2004 dated 15.09.2004 and quash the same and consequently direct the respondents to grant pension to the petitioner.
For Petitioner : Mr.N.A.Nissar Ahmed For Respondents : Mr.M.Elumalai for R1 Mr.S.Prabhu for R2 O R D E R The petitioner challenging the order dated 15.09.2004 wherein his request for grant of pension was rejected.
2. The case of the petitioner is that the petitioner joined the second respondent/ The Tamil Nadu Slum Clearance Board as Watchman on 01.09.1975. After several years of service, he retired from service on attaining superannuation on 31.05.1989. Since the petitioner worked as non provincialised establishment for 14 years, the petitioner made a request to the Chief Minister Cell for grant of pension taking into non-regularised service as regularised service. However, the second respondent rejected the petitioner's request on the ground that the petitioner has not put in ten years of qualifying service. The said decision was taken by the second respondent based on the G.O.Ms.No.893, Public Works (HM2) Department, dated 22.08.1994.
3. The writ petition is of the year 2005. Hence, after completion of nearly twelve years, I do not thing that anything would survive in this writ petition for adjudication. Accordingly, this writ petition is dismissed. No costs.
http://www.judis.nic.inpri 19.09.2017 Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To
1. The State of Tamil Nadu, Rep by Secretary to Government, Housing and Urban Development Department Fort St.George, Chennai – 600 009.
2. The Tamil Nadu Slum Clearance Board, Rep by its Chairman, No.5, Kamarajar Salai, Chepauk, Chennai.
M.DHANDAPANI,J.
pri W.P.No.27205 of 2005 19.09.2017