A.Madhavan v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.3085 of 2019 A.Madhavan ...
Petitioner Vs 1.The Director, 2.The Additional Director (Administration) 3.The Chief Educational Officer, Cuddalore District, Cuddalore.
4.The District Elementary School Educational Officer, Cuddalore District, Cuddalore.
5.The District Elementary School Educational Officer, District Educational Office, Vadalore, Cuddalore District.
6.The Additional/Assistant Elementary Educational Officer, Bhuvanagiri, Cuddalore District.
Cuddalore.
...
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to sanction enhanced pension to the petitioner from the date of his retirement on 12.12.1968. For Petitioner : Mr.P.Gurunathan For Respondents :Ms.P.Kavitha, Government Advocate
O R D E R
This writ petition has been filed to direct the 1st respondent to sanction enhanced pension to the petitioner from the date of his retirement i.e. on 12.12.1968.
2. It is the case of the petitioner that he was appointed as Junior Basic Assistant on 01.01.1958 at Parangipettai Panchayat Union School and he subsequently served in various schools. Thereafter, he resigned his post on 12.12.1968 A.N. However, he was receiving minimum pension from 03.02.2014, due to non traceability of his Service Register. Hence, he submitted a representation dated 17.12.2018 to the respondents, seeking enhancement of pension from the actual date of his retirement. Since, no order has been passed in the said representation, the petition is before this Court.
3. Mr.P.Gurunathan, learned counsel for the petitioner submitted that it would suffice, if the representation of the petitioner is directed to be considered by the respondents, on merits and as per law, for which, Ms.P.Kavitha, learned Government Advocate (Education) taking notice for the respondents has no serious objection.
4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, the respondents are directed to consider the representation of the petitioner dated 17.12.2018, and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.
5. This writ petition stands disposed of in the above terms. No costs.
Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar vsi2 To 1.The Director,
2.The Additional Director (Administration), 3.The Chief Educational Officer, Cuddalore District, Cuddalore.
4.The District Elementary School Educational Officer, Cuddalore District, Cuddalore.
5.The District Elementary School Educational Officer, District Educational Office, Vadalore, Cuddalore District.
6.The Additional/Assistant Elementary Educational Officer, Bhuvanagiri, Cuddalore District.
Cuddalore.
+1cc to Mr.P.Gurunathan, Advocate, S.R.No. 9883 W.P.No.3085 of 2019 KJ(CO) GN(14/03/2019)