Madras High Court
L.Arockismary … vs The Director Of Elementary ... on 22 June, 2022
W.P. No. 29427 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 29427 of 2017
L.Arockismary … Petitioner
-vs-
1. The Director of Elementary Education,
Office of Director of School Education,
D.P.I., College Road,
Chennai – 600 006.
2. The District Elementary Educational Officer,
Vellore – 4,
Vellore District.
3. The Assistant Elementary Educational Officer,
Walaja East Range (Union),
Ranipet,
Vellore District. ...
Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, direct the Respondents to grant a
notional increment to the Petitioner who retires on superannuation on the
preceding day of annual increment due date on 01.04.2009 in light of Final
Order in W.P. No. 12322 of 2017 dated 05.07.2017 accordingly revise the
https://www.mhc.tn.gov.in/judis
1/7
W.P. No. 29427 of 2017
pension and other benefits within a specified period.
For Petitioner : Mr. R.Sreedharan
For Respondents : Mr. P.Balathandayutham,
Special Government Pleader
ORDER
Heard Mr. R.Sreedharan, Learned Counsel for the Petitioner and
Mr. P.Balathandayutham, Learned Special Government Pleader appearing for
the Respondents and perused the materials placed on record, apart from the
pleadings of the parties.
2. The Writ Petition has been filed for directing the Respondents to grant
notional increment to the Petitioner who retired on superannuation on the
preceding day of annual increment due date on 01.04.2009 in the light of the
order dated 05.07.2017 in W.P. No. 12322 of 2017 passed by this Court and
accordingly, revise the pension and other benefits within a time limit that may
be specified by this Court.
3. Learned Special Government Pleader appearing for the Respondents has
brought to notice that after the filing of the Writ Petition, the Government of
https://www.mhc.tn.gov.in/judis
W.P. No. 29427 of 2017
Tamil Nadu has issued G.O. Ms. No. 140, Finance (Pay Cell) Department dated
25.04.2018 taking into account the various orders passed by this Court in
respect of persons similarly placed to the Petitioner, to the following effect:-
“6. After careful consideration of the various judgments
passed by the Hon'ble High Court, the Government have decided
to comply the orders of the Hon'ble High Court in favour of all
eligible retired employees who have completed one full year of
service and not sanctioned annual increment due to their
superannuation prior to 31.12.2014. Accordingly, Government
extend the benefit of sanction of annual increment to all the
Petitioner who have filed various Writ Petitions and all other
similarly placed persons who retired prior to 31.12.2014 and
completed one full year of service prior to their retirement,
notionally with effect from the date of their retirement for the
purpose of revision of pension with monetary benefit
prospectively with effect from 31.12.2014 i.e. from the date of
issue of G.O. Ms. No. 311, Finance (CMPC) Department, dated:
31.12.2014.
https://www.mhc.tn.gov.in/judis
W.P. No. 29427 of 2017
7. The Government also direct that the rate of notional
increment granted above, shall not exceed the eligible rate
based on the basic pay drawn by the employee on the date of
retirement.”
4. In such circumstances, the following order is passed:-
(i) it shall be incumbent upon the concerned authority to examine the claim
made by the Petitioner as to whether he is entitled to the benefit of G.O.
Ms. No. 140, Finance (Pay Cell) Department dated 25.04.2018;
(ii) if it is found that any details or supporting documents satisfying the
eligibility criteria for the benefits claimed had not been produced, the
deficiencies in that regard shall be informed in writing to the Petitioner
requiring the same to be furnished within a time frame of not less than 15
clear working days in that regard;
(iii) in the event of not being satisfied with the requirements even thereafter,
an enquiry shall be conducted affording full opportunity of personal
hearing to the Petitioner to explain his position in that regard and a
reasoned order shall be passed dealing with each of the contentions raised
on merits and in accordance with law and the decision taken
communicated under written acknowledgment;
https://www.mhc.tn.gov.in/judis
W.P. No. 29427 of 2017
(iv) if the Petitioner is found entitled to the claim made, the eligible amount
shall be disbursed within a period of 30 days from the date of passing of
that order, apart from the revised pension for future months on the due
dates; and
(v) the report of completion of the aforesaid exercise shall be filed by
30.09.2022 before the Registrar (Judicial) of this Court.
In fine, the Writ Petition is disposed on the aforesaid terms. No costs.
22.06.2022
kv
Index: Yes/No
Note: Issue order copy by 28.06.2022.
To
1. The Director of Elementary Education,
Office of Director of School Education,
D.P.I., College Road,
Chennai – 600 006.
2. The District Elementary Educational Officer,
Vellore – 4,
Vellore District.
3. The Assistant Elementary Educational Officer,
Walaja East Range (Union),
Ranipet,
Vellore District.
Copy to
https://www.mhc.tn.gov.in/judis
W.P. No. 29427 of 2017
1. The Registrar (Judicial),
Madras High Court,
Chennai – 600 104.
https://www.mhc.tn.gov.in/judis
W.P. No. 29427 of 2017
P.D. AUDIKESAVALU, J.
kv
2. L.Arockiamary,
W/o. S.Maria Selvam,
No. MIG 3, Municipal Housing Flot,
Masapet,
Anna Nagar,
Arcot – 632 503,
Vellore District.
W.P. No. 29427 of 2017
22.06.2022
https://www.mhc.tn.gov.in/judis
