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Madras High CourtWP/10789/2013disposed of

Tmt. A.Sayathunnisa, v. State Of Tamil Nadu,

2021-02-22Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.10789 of 2013 Tmt.A.Sayathunnisa ... Petitioner Vs.

1. State of Tamil Nadu, rep. by Its Secretary to Government, School Education Department, Secretariat, Chennai - 9.

2. Director of Elementary Education, Chennai - 600 006.

3. District Elementary Educational Officer, Perambalur, Perambalur District.

4. Assistant Elementary Educational Officer, Veppanthattai, Perambalur District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to forward the papers to the Government and get necessary relaxation orders, in the representation made by the petitioner dated 07.04.2010 followed by reminder dated 12.03.2012 so as to enable the petitioner to have the continuous old pension scheme including General provident Fund account No.131271/Medl.

For Petitioner : Mr.M.Ganesan for M/s.C.S.Associates For Respondents : Mr.A.Rajaperumal Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking direction to the respondent to dispose of her representation dated 07.04.2010 and the reminder dated 12.03.2012.

2.The learned counsel appearing for the petitioner submitted that the petitioner joined as Village Health Nurse on 13.07.2000 and was enrolled under old pension scheme. Thereafter, she was appointed as Secondary Grade Assistant on 26.04.2007 and was posted at Panchayat Union Elementary School, Perambalur District. She was relieved from the Health Department on 31.05.2007, however, the fourth respondent instructed her to join the School on 06.06.2007. Since there was a break in service for five days, her general provident fund number was not transferred and she had to join the new pension contributory scheme.

In this regard, she made representation dated 07.04.2010 and reminder dated 12.03.2012 to the respondents and since there was no response, has filed this writ petition. 3.The learned Additional Government Pleader appearing for the respondents fairly submitted that the respondents would consider the representation of the petitioner dated 07.04.2010 and reminder dated 12.03.2012, if not already considered, on merits and in accordance with law, within a time frame to be stipulated by this Court.

4.In view of the above, this Court directs the respondents to consider the petitioner's representation dated 07.04.2010 and reminder dated 12.03.2012, if not already considered and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To 1.The Secretary to Government, School Education Department, Secretariat, Chennai - 9.

2.The Director of Elementary Education, Chennai - 600 006.

3.The District Elementary Educational Officer, Perambalur, Perambalur District.

4.The Assistant Elementary Educational Officer, Veppanthattai, Perambalur District.

+1 cc to M/s.C.S.Associates, Advocate Sr.No. 10208 +1 cc to The Government Pleader Sr.No. 10734 W.P.No.10789 of 2013 SKY(CO) RMP(16/03/2021)