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Madras High CourtWP/6207/2014disposed of

N.Dorairaj v. The Director Of Elementary

2017-10-10Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.6207 of 2014 N.Dorairaj ... Petitioner Vs.

1. The Director of Elementary Education, DPI Complex, College Road, Teynampet, Chennai - 600 006.

2. The District Elementary Educational Officer, Thanjavur District.

3. The Additional Assistant Educational Officer, Thiruvidaimaruthur, Thanjavur District.

4. Secretary / Head Master, Aided Primary and High School, S.Pudur, 612 205, Thiruvidaimaruthur Taluk, Thanjavur District.

.. Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to consider the representation of the petitioner dated 03.10.2011 followed by latest remainder dated 06.02.2014 and to direct the fourth respondent regularise the period of suspension of the petitioner for the years 1993, 1994, 1995 and 1999 as duty and consequently prepare and send pension proposal of the petitioner to the respondents 1 to 3 for payment of terminal benefits such as Pension, DCRG, Increment Arrears, etc., within a time frame to be fixed by this Court. For Petitioner : Mr.N.S.Nandakumar For RR 1 to 3 : Mr.A.Rajaperumal Additional Government Pleader For R4 : No Appearance

O R D E R

The relief sought for in this writ petition is for a direction to consider the representation submitted by the writ petitioner on 03.10.2011 in respect of the regularization of the https://hcservices.ecourts.gov.in/hcservices/

period of suspension of the writ petitioner for the years 1993, 1994, 1995 and 1999, as duty.

2.The learned counsel appearing for the writ petitioner made a submission that the writ petitioner was placed under suspension while he was in service.

Subsequently, the disciplinary proceedings were not initiated and he was allowed to retire from service on 30.06.2009. However, the period of suspension has not been regularised by the fourth respondent. In this regard, the writ petitioner has submitted a representation to the respondent to regularise the period of suspension on 03.10.2011, and the same is yet to be considered. 3.Thus, without going into the merits of the matter the fourth respondent is directed to consider the representations submitted by the writ petitioner on 03.10.2011 and 06.02.2014 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4.The writ petition stands disposed of accordingly. However, no order as to cost.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar msm To

1. The Director of Elementary Education, DPI Complex, College Road, Teynampet, Chennai - 600 006.

2. The District Elementary Educational Officer, Thanjavur District.

3. The Additional Assistant Educational Officer, Thiruvidaimaruthur, Thanjavur District.

4. Secretary / Head Master, Aided Primary and High School, S.Pudur, 612 205, Thiruvidaimaruthur Taluk, Thanjavur District.

+1cc to Mr.N.S.Nandakumar, Advocate, S.R.No.73449 W.P.No.6207 of 2014 SSI(CO) CS/21/11/17 https://hcservices.ecourts.gov.in/hcservices/