T.KRISHNAN, vs THE ACCOUNTANT GENERAL,
- Court
- Madras High Court
WP No. 16401 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2026
CORAM
THE HONOURABLE MR.JUSTICE KRISHNASWAMY
GOVINDARAJAN
WP No. 16401 of 2013
CNR:{HCMA010143562013}
T.Krishnan
S/o.Late Thanjiyappan
Palavam Village, Kamakoor Post
Arani Taluk
Thiruvannamalai District 606 903
Petitioner
Vs
1. The Accountant General
(Accounts and Entitlements), Tamil Nadu
No.361, Anna Salai, Chennai 600 018
2. The Revenue District Officer
Thiruvannamalai District, Thiruvannamalai
3. The Tahsildar
Polur Taluk, Thiruvannamalai District
4. The Sub Treasury Officer
Polur Taluk, Thiruvannamalai District
Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Certiorarified Mandamus, calling for the records of the
1st respondent order in P26/I/PPI.4666/204096 dated 04.04.2012, quash the
same and direct the 1st respondent to sanction the pension at Rs.175 per month
with all attendant benefits under the G.O.Ms.No.828 dated 23.08.1996 and
consequently direct the 4th respondent to pay the same with interest at 18% per
annum from 05.12.1986 till date of payment within a stipulated time.
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WP No. 16401 of 2013
For Petitioner: Ms.S.Lavanya for Mr.A.Sivaji
For Respondents: Mr.L.Muralikrishnan
Standing Counsel for R1
Mr.C.P.Goutham
Government Advocate for R2 to R4
ORDER
The prayer in the writ petition is as follows:-
“to issue a Writ of Certiorarified Mandamus, calling
for the records of the 1st respondent order in
P26/I/PPI.4666/204096 dated 04.04.2012, quash the same
and direct the 1st respondent to sanction the pension at
Rs.175 per month with all attendant benefits under the
G.O.Ms.No.828 dated 23.08.1996 and consequently direct
the 4th respondent to pay the same with interest at 18% per
annum from 05.12.1986 till date of payment within a
stipulated time.”
2. It is the case of the writ petitioner that he originally worked as Karnam
from 05.12.1986 to 18.07.1993 in the Revenue Department. Subsequent to the
abolition of the post of Karnam, the petitioner, through proper channel, was
appointed as Village Administrative Officer on 19.07.1993. Thereafter, the
petitioner got superannuated on 30.09.2009. The petitioner claims special
pension in view of his superannuation.
3. The Government Advocate representing the respondents 2 to 4
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WP No. 16401 of 2013
submitted that after superannuation, the petitioner is receiving regular pension
and the question of special pension for the petitioner does not arise and hence
prayed for the dismissal of the writ petition.
4. Heard the counsel for the petitioner and the Government Advocate for
the respondents 2 to 4.
5. The counsel for the petitioner relied upon the order in W.P.No.276 to
280 of 2009 dated 09.01.2009 and the relevant portion in the said order is
extracted hereunder:-
“18. To summarise, the vexed question of grant of
pension for the services rendered by the erstwhile Village
Officers has undergone a metamorphosis over the past three
decades and step by step the Government have yielded to the
demand, categorywise as follows:-
(a) FOR THOSE WHO NEVER GOT RE-EMPLOYED:-
A special pension of Rs.175/- per month later
enhanced to Rs.250/- per month with attendant benefits to all
those living Ex-Village Officers, who lost their jobs on
14.11.1980 but who never got re-employed was first sanctioned
with effect from 5.12.1986. For the families of those who were
dead, a special family pension of Rs.100/- per month later
enhanced to Rs.150/- per month, was similarly sanctioned.
(b) FOR THOSE WHO GOT RE-EMPLOYED IN 1982:-
For persons who lost their jobs on 14.11.1980 and
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WP No. 16401 of 2013
who were appointed as Village Administrative Officers in the
year 1982, by virtue of possessing minimum general
educational qualification, but who retired without completing
10 years of service in the new category, their services were
directed to be counted not from the date of their appointment in
1982 but directed to be counted with effect from 14.11.1980, so
that they get 10 years of qualifying service in the new category
to get at least minimum pension.
If these persons did not get 10 years of service, even
after counting the service from 14.11.1980, then they were
directed to be granted the special pension as per
G.O.Ms.No.828, Revenue, dated 23.8.1996, with effect from
5.12.1986, but excluding the period of their non-employment.
(c) FOR THOSE WHO GOT RE-EMPLOYED AFTER
1988:-
Persons who lost their jobs on 14.11.1980 and who got
appointed temporarily under Rule 10(a)(i) after 1988, by virtue
of acquiring minimum general educational qualifications after
the date of abolition, the special pension granted to those who
were never re-employed, was granted with effect from
5.12.1986, excluding the period of their re-employment on
temporary basis.”
6. Even as per the said order, the petitioner comes under clause (b) of the
said order. Only because of that, the petitioner is now able to get the regular
pension, since the petitioner’s service to be counted from 14.11.1980, in spite of
the fact that the petitioner joined duty only in the year 1993. So the claim of the
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WP No. 16401 of 2013
petitioner for special pension is not legally sustainable. Hence the writ petition
is dismissed. No costs.
30-10-2026
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
ss
To
1. The Accountant General
(Accounts and Entitlements) Tamil Nadu
No.361, Anna Salai, Chennai-600 018
2. The Revenue District Officer
Thiruvannamalai District, Thiruvannamalai
3. The Tahsildar
Polur Taluk, Thiruvannamalai District
4. The Sub Treasury Officer
Polur Taluk, Thiruvannamalai District
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WP No. 16401 of 2013
KRISHNASWAMY
GOVINDARAJAN J.
ss
WP No. 16401 of 2013
30-10-2026
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