Madras High CourtWP/6165/2017disposed of

V.Alphonse, v. The Secretary To Government

2017-03-15Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2017

CORAM:

THE HON'BLE MR. JUSTICE T. RAJA W.P. No.6165 of 2017 V. Alphonse Petitioner vs.

The Secretary to Government School Education Department Fort St. George Chennai 600 009 The Director of School Education DPI Complex College Road Chennai 600 006 The Chief Educational Officer Nagercoil Kanyakumari The Accountant General Teynampet Chennai 600 018 The District Treasury Officer Nagercoil Kanyakumari District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to re-fix the consolidated pension of the petitioner @ Rs.17,834/- per month as per G.O. Ms.No.235 dated 01.06.2009. For petitioner Mr. M. Suresh Kumar For respondents Mr. T.M. Pappiah Special Government Pleader

ORDER

Mr. T.M. Pappiah, learned Special Government Pleader, accepts notice for the respondents. With consent, this writ petition is taken up for final disposal at the admission stage itself.

This writ petition has been preferred seeking a writ of mandamus directing the respondents to re-fix the consolidated pension of the petitioner @ Rs.17,834/- per month as per G.O. Ms.No.235, Finance (Pay Cell) Department dated 01.06.2009. According to the petitioner, he is an octogenarian, who retired from service as Headmaster of St. Francis Higher Secondary School, Vavarai, Kanyakumari District on 31.05.1986 and he is getting pension of Rs.12,738/- per month with notional effect from 01.01.2006 and monetary benefits from 01.01.2007 and he is entitled to the benefit of G.O. Ms.No.235, Finance (Pay Cell) Department dated 01.06.2009; if the benefit of the said Government Order is extended to him, he would be able to get a sum of Rs.17,384/-; ergo, he has given representations dated 02.07.2015 and 03.10.2016 which have not yet been considered and hence, the present writ petition.

Given the fact that the petitioner is an octogenarian and his representations dated 02.07.2015 and 03.10.2016 to the authorities are still under consideration, this Court directs the respondents to consider and pass appropriate orders on the petitioner's representations referred to above, in the light of G.O. Ms.No.235, Finance (Pay Cell) Department dated 01.06.2009, within a period of three weeks from the date of receipt of a copy of this order, bearing in mind, the petitioner's age factor. With the above direction, this writ petition stands disposed of. No costs.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To The Secretary to Government School Education Department Fort St. George Chennai 600 009 The Director of School Education DPI Complex College Road Chennai 600 006

The Chief Educational Officer Nagercoil Kanyakumari The Accountant General Teynampet Chennai 600 018 The District Treasury Officer Nagercoil Kanyakumari District +1 CC to Mr. Yogesh Kanndasan, Advocate sr 16756 +1 CC to govt. Pleader sr 16555 W.P. No.6165 of 2017 VGII(CO) sp/5/4