Madras High Court
6 The Head Master vs 3 The Principal Accountant on 5 July, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2023
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
AND
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.No.1952 of 2018
and C.M.P.No.15569 of 2018
1 The Principal Secretary
Department Of School Education
Fort St.George Chennai
2 The Principal Secretary
Social Welfare And Nutritious Meal Programme
Fort St. George Chennai
3 The Director Of School
Education College Road Nungambakkam
Chennai 6
4 The Chief Educational Officer
C.E.O. Office, Erode
5 The Head Master
Government Higher Secondary School
Vijayamangalam, Perundurai, Erode District
6 The Head Master
Government Higher Secondary School
Thuduppathi, Perundurai, Erode District. .... Appellants
Vs
1 P.R.Subramanian
2 The Block Development Officer
B.D.O.Office, Perundurai
Erode District.
https://www.mhc.tn.gov.in/judis
2
3 The Principal Accountant
General (accounts And Entitlements) Of
Tamilnadu No.361 Anna Salai Chennai 18. .... Respondents
Prayer : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated
04.10.2013 in W.P.No.27407/2013.
For Appellants : Mr.N.Murali
Government Advocate
For Respondents : Mr.K.Arun Babu – for R2
No appearance – for RR 1 and 3
JUDGMENT
(Judgment of the Court was delivered by R. SURESH KUMAR, J.)
This appeal has been directed against the order passed by the learned Judge in
the Writ Court dated 04.10.2013 made in W.P.No.27407 of 2013.
2. The writ petitioner / first respondent herein was initially working as Noon Meal
Organizer for nearly twenty years and thereafter he was selected and appointed as
Teacher. He joined in service in the year 2006 and thereafter on attaining
superannuation, retired from service on 31.05.2014. The period of service rendered by
the first respondent between 2006 and 2014 is not enough for consideration for payment
of pension. However, those who were working as Noon Meal Organizer and
subsequently appointed in regular stream in any post like Teacher, 50% of the past
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service rendered by such persons as Noon Meal Organizer can be taken into account for
the purpose of calculating minimum pension. Only in that context, the first respondent /
writ petitioner sent a representation to the appellant Department and the said
representation since was not considered, he approached the writ Court.
3. The learned Judge, who heard the writ petition, after having considered the
factual matrix, has given a direction to the appellant Department to consider the said
representation of the petitioner in accordance with law by taking into account the afore
said factual matrix and pass orders within a time frame. Aggrieved over the same, the
present writ appeal has been filed.
4. Heard Mr.N.Murali, learned counsel for the appellant Department and Mr.K.Arun
Babu learned counsel for the 2nd respondent.
5. Since there has been a direction given by the learned Judge in the order
impugned to consider the request of the first respondent teacher and to decide the same
within a time frame on merits, against which no grievance can be espoused by the
appellant Department, we feel that no interference is called for in the said order, which is
impugned herein dated 04.10.2023 made in W.P.No.27407 of 2013.
6. With the result, this writ appeal fails and consequently, there shall be a
direction to the appellant to pass orders as directed by the learned Judge in the order
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impugned, within a period of eight weeks from the date of receipt of a copy of this
judgment. The writ appeal is accordingly dismissed. No costs. Consequently, connected
miscellaneous petition is also dismissed.
(R.S.K.,J.) (V.L.N.J,.)
05.07.2023
Index : Yes/No
Neutral Citation / Yes/No
KST
To
1 The Block Development Officer
B.D.O.Office, Perundurai
Erode District.
2 The Principal Accountant
General (accounts And Entitlements) Of
Tamilnadu No.361 Anna Salai Chennai 18.
https://www.mhc.tn.gov.in/judis
R.SURESH KUMAR, J.
AND
V.LAKSHMINARAYANAN, J.
KST
W.A.No.1952 of 2018
05.07.2023
https://www.mhc.tn.gov.in/judis
