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2022 Supreme(Mad) 2353

S. M. SUBRAMANIAM
A. Narasaiah – Appellant
Versus
State of Tamil Nadu, Represented by its Secretary, Chennai – Respondent


Advocates appeared:
For the Petitioner:V.S. Jagadeesan, Advocate. For the Respondents:R1, M. Bindran, Additional Government Pleader, R2 to R4, C. Gowthama Raja, Advocate.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records on the file of the third respondent with regard to the order passed in Letter No.10172/Pension 8/MTC/06 dated 17.02.2007 by which reducing the pension from Rs.3,500/- to Rs.2,000/- and seeking to refund the amount of Rs.54,782/- and quash the same and direct the respondents to grant full pension from the date petitioner retired from service on VRS i.e., from 30.04.1999 by counting the qualifying service for granting pnsion from the date of his first appointment or from the date of enrolment to EPF and to repay the amount of Rs.54,782/- which was recovered from the petitioner with 12% interest per annum.)

1. The order of re-fixation and seeking recovery issued by the third respondent in proceedings dated 17.02.2007, is under challenge in the present writ petition.

2. The petitioner was appointed as Sweeper in the year 1968 and was served about 31 years. The petitioner was initially appointed in the erstwhile Transport Department and subsequently transferred to Transport Corporation and got retired from service th

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