Madras High Court
Tmt.R.Thilagam vs The State Of Tamil Nadu Rep.By on 14 June, 2023
W.P.No.17511 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.17511 of 2023
Tmt.R.Thilagam ... Petitioner
Vs.
1.The State of Tamil Nadu rep.by
its Secretary to Government,
Education Department,
Secretariat, Chennai–9.
2.The Director of Elementary
Education, College Road,
Chennai-6.
3.The District Elementary
Educational Officer,
Perambalur District.
4.The Secretary, Pandiyan
Middle School, Nallarikkai,
Gunnam Taluk, Perambalur District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents to count the
service of the petitioner as Secondary Grade Teacher from 02.03.1999 to
31.05.2006 in the 4th respondent school for the purpose of old pension
1/5
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W.P.No.17511 of 2023
scheme by considering the representation dated 22.05.2023 in the light of
the order passed in W.A.Nos.1573, 1574 & 1577 of 2019 dated 30.6.2022.
For Petitioner : Mr.S.N.Ravichandran
For Respondents 1 to 3 : Mr.S.Prabhakaran,
Government Advocate
ORDER
In view of the limited nature of direction this Court proposes to issue,
this Writ Petition is taken up for final disposal at the stage of admission
itself without ordering notice to the fourth respondent.
2. The petitioner herein had given a representation to respondents 1 to
3 on 22.5.2023 seeking to count the service of the petitioner as Secondary
Grade Teacher from 02.03.1999 to 31.05.2006 in the 4th respondent school
for the purpose of old pension scheme in the light of the common judgment
rendered in W.A.Nos.1573, 1574 & 1577 of 2019 dated 30.6.2022. Since
the said representation has not yet been considered, the Writ Petition has
been filed.
3. It is needless to point out that whenever a representation of this
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W.P.No.17511 of 2023
nature is made to Statutory Authorities, there is a duty cast upon them 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 Authorities would
amount to dereliction of duty and hence, this Court will be justified in
invoking its extraordinary powers under Article 226 of Constitution of 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
respondents 1 to 3 herein, to consider the petitioner's representation dated
22.5.2023 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 of the petitioner and that it is open to
the concerned respondent to consider the same on its own merits.
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W.P.No.17511 of 2023
5. With the above direction, the Writ Petition stands disposed of. No
costs.
14.06.2023
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation: Yes/No
To
1.The State of Tamil Nadu rep.by
its Secretary to Government,
Education Department,
Secretariat, Chennai–9.
2.The Director of Elementary
Education, College Road,
Chennai-6.
3.The District Elementary
Educational Officer,
Perambalur District.
4.The Secretary, Pandiyan
Middle School, Nallarikkai,
Gunnam Taluk, Perambalur District.
RS/HVK
https://www.mhc.tn.gov.in/judis
W.P.No.17511 of 2023
M.S.RAMESH,J.
RS/HVK
W.P.No.17511 of 2023
14.06.2023
https://www.mhc.tn.gov.in/judis
