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Judgment
D. Hariparanthaman, J.—The petitioners were initially appointed either as Noon Meal Organizers or Child Welfare Organizers. The petitioners were retired from service on various dates The date of appointment, the date of their promotion to the post of Secondary Grade Teacher/B.T. Assistant/Physical Education Teacher/Rural Welfare Officer and the date of their retirement, are as given below:
Si. No.
Name
W.P. No.
Date of appointment NOM/CWO
Date of promotion
Date of retirement
1.
S. Pankajan
Rtd P.E.T 10951/13
01.07.1982
10.01.2005
28.02.2011
2.
V. Saraswathy
Rtd. Tamil Pandit
10952/13
25.06.1982
15.07.2004
30.06.2010
3.
K. Manickam
Rtd. SGT
10953/13
05.02.1983
20.07.2008
30.04.2010
4.
R. Somasundaram
Rtd. B.T. Asst.
10954/13
09.02.1983
04.09.2006
31.05.2008
5.
M. Kokila
Rtd. R.W.O.
10709/13
30.06.1980
30.09.2008
31.08.2012
6.
A. Palani
Rtd. P.E.T
10711/13
05.02.1983
02.07.2007
31.05.2009
7.
R. Saraswathy
Rtd. B.T. Asst.
10712/13
27.01.1983
07.03.2007
31.08.2008
8.
D. Kamalapathan
Rtd. B.T. Asst.
10710/13
21.08.1983
05.09.2006
30.10.2009
The petitioners are not granted pension on the ground that they did not put in 10 years of service, after their regular appointment as Secondary Grade Teacher/B.T. Assistant/Physical Education Teacher/Rural Welfare Officer, before or at the time of retirement.
The Principal Accountant General, (Accounts and Entitlements), Tamil Nadu, Chennai, passed orders on various dates rejecting the proposals sent by the concerned authorities for sanction of pension.
The Principal Accountant General filed counter affidavit seeking to sustain the impugned orders and has sought to dismiss these writ petitions.
Heard both sides. With the consent of both parties, these writ petitions are taken up for final disposal.
As rightly contended by the learned counsel for the petitioners, the issue is squarely covered by my decision dated 27.06.2012 in W.P. (MD)Nos. 7070, 7529, 8287 and 8425 of 2011. In fact, another similar order passed by another learned Judge was taken on appeal in W.A. No. 455 of 2013 and the same was rejected by this Court on 07.03.2013 confirming the similar order dated 27.06.2012 passed in W.P. (MD)Nos. 7070, 7529, 8287 and 8425 of 2011.
In fact, I have passed so many orders in terms of G.O.Ms. No. 6, Social Welfare and Nutritious Meal Programme Department, dated 06.01.2010, and also writ petitions were disposed of granting benefit under the said Government Order. The Government has also implemented the orders of this Court and one of such order is produced namely G.O.Ms. No. 18, School Education Department, dated 18.04.2013.
In these circumstances, I am of the view that the impugned orders are liable to be quashed and the petitioners are entitled to pension as per G.O.Ms. No. 6, Social Welfare and Nutritious Meal Programme Department, dated 06.01.2010. Accordingly, the impugned orders are quashed and the concerned respondents are directed to resubmit the proposals for authorization of pension, to the Principal Accountant General, (Accounts and Entitlements), Tamil Nadu, Chennai, within a period of six weeks from the date of receipt of a copy of this order and the Principal Accountant General is directed to authorize pension and other terminal benefits, based on G.O.Ms. No. 6, Social Welfare and Nutritious Meal Programme Department, dated 06.01.2010, within a period of four weeks thereafter. The writ petitions are disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.