S.Kamala v. District Social Welfare
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2015
CORAM:
THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.10306 of 2014 S.Kamala .. Petitioner vs.
1.
District Social Welfare Officer South Arcot Cuddalore-1.
2.
Commissioner Panchayat Union Panruti.
3.
Commissioner of Social Welfare Chintadripet, Chennai-2.
4.
Child Development Project Officer Child Development Planning Office Cuddalore (Urban) Cuddalore District.
5.
Project Officer The District Programme Office Integrated Child Development Scheme Department, Cuddalore District.
6.
Integrated Child Development Project Scheme Officer, Parangipettai Chidambaram Taluk Cuddalore District.
7.
Commissioner Integrated Child Development Services Taramani, Chennai 600 113.
8.
Director of Social Welfare Chintadripet Chennai-2.
9.
Principal Accountant General (A&E) Pension Tamil Nadu No.361, Anna Salai Chennai-18.
..Respondents
Petition filed under Article 226 of the Constitution of India for the issuance of writ of mandamus to direct the respondents 1 to 9 to pay pension and other retirement benefits based on the G.O.Ms.Nos.408, 6 and 34 to which the petitioner is legally entitled within a time frame to be fixed by this Court. For Petitioner : M/s.Babitha Sunil For Respondents : Mr.P.Sanjay Gandhi Additional Government Pleader for RR1 to 8 Mr.S.Balaji for R9
O R D E R
The petitioner earlier worked as Child Welfare Organiser and subsequently she as Anganwadi worker from 01.07.1982 to 24.11.2009. Thereafter, she was promoted to the post of Supervisor-2 with effect from 25.11.2009.
2. The grievance of the petitioner is that on account of the non-consideration of 50% of her earlier services, she was denied pension. The petitioner by placing reliance on the Government Orders in G.O.Ms.Nos.408, 6 and 34 dated 25.08.2009, 06.01.2010 and 14.03.2013 submitted a representation to the eighth respondent requesting to take 50% of the earlier services and pay her pension. Since the said request was not considered, the petitioner is before this Court.
3. The petitioner is given liberty to submit a comprehensive representation to the eighth respondent with a request to count 50% of her earlier services from 15.06.1981 to 24.11.2009 along with the subsequent service for the purpose of fixing pension. In case, any such representation is given, the same shall be considered and disposed of on merits and as per law and in the light of the Government Orders referred to above. Such exercise shall be completed within a period of three months from the date of receipt of representation.
4. The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
vj2 To 1.
District Social Welfare Officer South Arcot Cuddalore-1.
2.
Commissioner Panchayat Union Panruti.
3.
Commissioner of Social Welfare Chintadripet, Chennai-2.
4.
Child Development Project Officer Child Development Planning Office Cuddalore (Urban) Cuddalore District.
5.
Project Officer The District Programme Office Integrated Child Development Scheme Department, Cuddalore District.
6.
Integrated Child Development Project Scheme Officer, Parangipettai Chidambaram Taluk Cuddalore District.
7.
Commissioner Integrated Child Development Services Taramani, Chennai 600 113.
8.
Director of Social Welfare Chintadripet, Chennai-2.
9.
Principal Accountant General (A&E) Pension Tamil Nadu No.361, Anna Salai, Chennai-18.
+ 1 cc to Mr.Babitha Sunil, Advocate SR.10896 + 1 cc to Mr.S. Balaji, Advocate SR.11010 + 1 cc Government Pleader Sr.10858 W.P.No.10306 of 2014 VSN(CO) EU 11.03.2015