Madras High Court
Joseph John Stephen vs The District Educational Officer on 28 June, 2021
W.P(MD)No.10680 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.06.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.10680 of 2021
Joseph John Stephen ... Petitioner
vs.
1.The District Educational Officer,
Paramakudi,
Ramnad District.
2.The Secretary,
Rowther Sahib High School,
Teriruveli-623 711,
Ramnad District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the respondents to
consider the petitioner's request for re-fixation of his pension by
counting his service in unsanctioned posts in second respondent school
from 15.09.1984 till 01.06.1991 by disposing his request on 17.03.2020
within stipulated time.
For Petitioner : Mr.T.A.Ebenezer
For Respondents : Mr.P.Subbaraj
Government Advocate
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.10680 of 2021
ORDER
The petitioner has filed the present writ petition for a direction to
the respondents to consider the petitioner's request for re-fixation of his
pension by counting his service in unsanctioned posts in the second
respondent school from 15.09.1984 till 01.06.1991 by disposing his
request on 17.03.2020 within a stipulated time.
2.Mr.P.Subbaraj, learned Government Advocate takes notice on
behalf of the respondents. By consent of both parties, this Writ Petition
is taken up for final disposal at the stage of admission itself.
3.Heard the learned counsel appearing for the petitioner and the
learned Government Advocate appearing for the respondents.
4. According to the petitioner, he was appointed as Record Clerk
on 05.09.1984 in the second respondent School, which is aided minority
School in unsanctioned post and Junior Assistant from 01.07.1988. The
post of Junior Assistant was sanctioned by G.O.Ms.No.450, School
Education (D1) Department, dated 08.05.1992 to the second respondent
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.10680 of 2021
School. The petitioner's appointment was approved by the first
respondent to the said post with effect from 01.06.1991. Subsequently,
he attained the age of superannuation and retired from service on
30.04.2020. The period, in which, the petitioner worked from
05.09.1984 to 01.06.1991 was not taken into consideration for fixation
of pension and other retirement benefits. Hence, the petitioner has
made representation, dated 17.03.2020, for re-fixation of his pension,
considering his service in unsanctioned posts for the second respondent
School from 05.09.1984 to 01.06.1991 and has come out with the
present writ petition. Learned counsel for the petitioner relied on the
order of this Court, dated 12.02.2019 made in W.P(MD)Nos.3037 to
3039 of 2019 in support of his case.
5.The learned Government Advocate appearing for the respondents
submitted that the representation of the petitioner, dated 17.03.2020
would be considered on merits in the light of the judgment of this Court,
dated 26.06.2008 made in W.A(MD)Nos.291 and 292 of 2008 within the
period stipulated by this Court.
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W.P(MD)No.10680 of 2021
6.Considering the above submissions of the learned counsel for the
petitioner and the learned Government Advocate appearing for the
respondents, the first respondent is directed consider the representation
of the petitioner, dated 17.03.2020 in light of the judgment rendered in
W.A.(MD)Nos.291 & 292 of 2008, dated 26.06.2008 and pass orders on
merits and in accordance with law, within a period of four weeks from
the date of receipt of a copy of this order.
7.With the above direction, the Writ Petition is disposed of. No
costs.
28.06.2021
Index : Yes / No
Internet : Yes / No
am
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for official
purposes, but, ensuring that
the copy of the order that is
presented is the correct copy,
shall be the responsibility of the
advocate / litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.10680 of 2021
To
1.The District Educational Officer,
Paramakudi,
Ramnad District.
2.The Secretary,
Rowther Sahib High School,
Teriruveli-623 711,
Ramnad District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.10680 of 2021
V.M.VELUMANI,J.
am
W.P(MD)No.10680 of 2021
28.06.2021
https://www.mhc.tn.gov.in/judis/
