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2023 Supreme(Mad) 2051

G. K. ILANTHIRAIYAN
B. Vallipavai – Appellant
Versus
State of Tamilnadu, Rep. by its Secretary to Government, Finance Department, Chennai – Respondent


Advocates appeared:
For the Petitioner:S.N. Ravichandran, Advocate. For the Respondents:R1 to R4, M.P. Murugan Raja, Government Advocate, R5, P. Gopalan, Advocate.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the entire records connected with impugned order of New Contributory Provident Fund Scheme in GO.Ms.No.259, Finance (Pension) Department dated 06.08.2003 and subsequent GO.Ms.No.304 dated 27.05.2004 of the first respondent and quash the same insofar as the petitioner''s concerned, as not applicable to the petitioner because it cannot be given retrospective operation and direct the respondents to continue the Teachers Provident Fund (Family Pension) Scheme and Account No.3394152.)

This writ petition has been filed challenging the order of the first respondent thereby converted employees from old pension scheme to contributory pension scheme.

2. The fifth respondent school, namely Arulmigu Subramaniyaswamy Andavar Girls Higher Secondary School run by the temple through HR&CE Department. It is an aided institution and governed by the provisions of Tamilnadu Recognised Private School Regulations Act, 1973 and Rules, 1974. A vacancy was arose for the post of B.T.Teacher(Science) in the fifth respondent school on 09.11.2002 due to voluntary retirem

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