Citation : 2024 Latest Caselaw 20201 Mad
Judgement Date : 25 October, 2024
Writ Petition No.31941 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.31941 of 2024
K.Rani
W/o.C.Ambalavanan ... Petitioner
Vs.
1.The State of Tamil Nadu,
represented by
Principal Secretary to Government,
School Education Department,
Secretariat, Chennai - 600 009.
2.The Accountant General/(A&E),
Office of the Principal Accountant General,
Anna Salai, Teynampet,
Chennai - 600 018.
3.The Joint Director (Vocational),
DPI Campus, College Road,
Chennai - 600 006.
4.The Chief Educational Officer,
Thiruvannamalai, Thiruvannamalai District.
5.The District Educational Officer,
Cheyyar, Thiruvannamalai District.
6.The Headmaster,
Government Boys High School,
Pallavaram, Thiruvannamalai District. ... Respondents
https://www.mhc.tn.gov.in/judis
1/6
Writ Petition No.31941 of 2024
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Mandamus directing the fifth
respondent to send revised pension proposal to the second respondent
taking 50% of temporary period of service (i.e. from 02.06.1982 to
04.12.1996), along with service rendered in time scale of pay as
qualifying service and further sanction revised pension and also arrears
in the light of W.A.No.2907 of 2019, by considering the petitioner's
representation dated 08.07.2024.
For Petitioner : Mr.P.Murali
For Respondents : Mrs.S.Mythreye Chandru
Special Government Pleader
[R1, R3 to R6]
Mrs.J.Sreevidhya,
Standing Counsel [R2]
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the fifth respondent to send the revised pension
proposal to the second respondent by taking 50% of the temporary period
of service from 02.06.1982 to 04.12.1996 along with the service rendered
by the petitioner in the time scale of pay as qualifying service and
sanction revised pension and also the arrears in the light of the judgment
passed in W.A.No.2907 of 2019 and by considering the petitioner's
representation dated 08.07.2024.
https://www.mhc.tn.gov.in/judis
Writ Petition No.31941 of 2024
2. Heard Mr.P.Murali, learned counsel for petitioner,
Mrs.S.Mythreye Chandru, learned Special Government Pleader
appearing for respondents 1, 3 to 6 and Mrs.J.Sreevidhya, learned
Standing Counsel appearing for second respondent.
3. The case of the petitioner is that she was appointed as
Vocational Instructor on temporary basis in the year 1982. Thereafter,
she was appointed as B.T.Teacher in the year 1996. The petitioner retired
from service on 31.04.2014. The grievance of the petitioner is that she is
entitled for pension by counting 50% of the temporary service rendered
by her for the period from 02.06.1982 to 04.12.1996 along with the
service rendered by her in the time scale of pay. The representation made
by the petitioner in this regard did not evoke any response. Hence, the
petitioner has filed the present writ petition.
4. Taking into consideration the facts and circumstances of the
case and the materials placed before this Court, there shall be a direction
to the fifth respondent to deal with the representation made by the
petitioner on 08.07.2024 and if the petitioner is found eligible, the
revised pension proposal shall be forwarded to the second respondent. https://www.mhc.tn.gov.in/judis
Writ Petition No.31941 of 2024
On receipt of the same, the second respondent shall pass final orders. The
entire process shall be completed within a period of twelve (12) weeks
from the date of receipt of a copy of this order.
5. The petitioner is directed to make a fresh representation to
respondents 2 and 5 along with all the relevant records and also a copy of
this order.
This writ petition is disposed of with the above direction. No
costs.
25.10.2024
Neutral Citation: Yes/No Index: Yes/no Speaking Order/Non-Speaking Order gm To
1.The Principal Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.
2.The Accountant General/(A&E), Office of the Principal Accountant General, Anna Salai, Teynampet, Chennai - 600 018.
3.The Joint Director (Vocational), DPI Campus, College Road, Chennai - 600 006.
https://www.mhc.tn.gov.in/judis
Writ Petition No.31941 of 2024
4.The Chief Educational Officer, Thiruvannamalai, Thiruvannamalai District.
5.The District Educational Officer, Cheyyar, Thiruvannamalai District.
6.The Headmaster, Government Boys High School, Pallavaram, Thiruvannamalai District.
https://www.mhc.tn.gov.in/judis
Writ Petition No.31941 of 2024
N.ANAND VENKATESH, J
gm
Writ Petition No.31941 of 2024
25.10.2024
https://www.mhc.tn.gov.in/judis
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