S.Akilandeswari vs The State Of Tamilnadu
2023 Latest Caselaw 5668 Mad

                                                                         W.P.(MD) No.7024 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 07.06.2023

                                                      CORAM:

                                  THE HONOURABLE MR. JUSTICE M.S. RAMESH

                                            W.P.(MD) No.7024 of 2023

                     S.Akilandeswari                                          ...Petitioner

                                                           Vs

                     1.The State of Tamilnadu,
                       Rep. by its Principal Secretary,
                       School Education Department,
                       Fort St. George, Chennai - 09.

                     2.The Joint Director (Vocational)
                           of School Education,
                       College Road, Chennai - 06.

                     3.The District Educational Officer,
                       O/o. District Educational Office,
                       Nagapattinam District.                                 ...Respondents


                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India to issue a Writ of Mandamus directing the respondents to take the
                     50% of the part time service rendered by the petitioner i.e. from
                     17.08.1988 to 04.10.1996 along with the regular service for the pension
                     benefits i.e., for the period of 27 years 07 months 20 days, based on the
                     judgment passed by the Hon'ble Division Bench in W.A.No.517 of 2020
                     dated 13.08.2020.



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https://www.mhc.tn.gov.in/judis
                                                                                 W.P.(MD) No.7024 of 2023

                                        For Petitioner      : Mr.R.Saravanan

                                        For Respondents : Mr.P.Baladhandayutham,
                                                          Special Government Pleader


                                                            ORDER

With the consent of both the parties, this Writ Petition is taken up

for final disposal at the admission stage itself.

2. The petitioner herein had given a representation to the

respondents on 17.11.2022, seeking for inclusion of 50% of his part time

services along with the regular service rendered by him for the purpose

of pensionary benefits. The said representation has not been considered

till date and hence, the petitioner has preferred the present Writ Petition.

3. It is needless to point out that whenever a representation of this

nature is made to a Statutory Authority, there is a duty cast upon him to

consider the same on its own merits and pass appropriate orders in one

way or other, instead of keeping the same pending indefinitely. As such,

non-consideration of the representation by the Statutory Authority would

amount to dereliction of duty and hence, this Court will be justified in

https://www.mhc.tn.gov.in/judis W.P.(MD) No.7024 of 2023

invoking its extraordinary powers under Article 226 of the Constitution

of the India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction

to the first respondent herein to consider the petitioner's representation

dated 17.11.2022 on its own merits and pass appropriate orders in

accordance with law, within a period of eight weeks from the date of

receipt of a copy of this order. It is made clear that this Court has not

expressed any of its views with regard to the merits of the claim made by

the petitioner and that it is open to the concerned respondent to consider

the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of.

No costs.

07.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk

https://www.mhc.tn.gov.in/judis W.P.(MD) No.7024 of 2023

M.S.RAMESH,J.

hvk To

1.The Principal Secretary, School Education Department, Fort St. George, Chennai - 09.

2.The Joint Director (Vocational) of School Education, College Road, Chennai - 06.

3.The District Educational Officer, O/o. District Educational Office, Nagapattinam District.

W.P.(MD) No.7024 of 2023

07.06.2023

https://www.mhc.tn.gov.in/judis