G.Gnanaprakasam v. The Additional Sub Treasury
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2020
CORAM:
THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.No.8109 of 2010 G.Gnanaprakasam ... Petitioner Vs.
1. The Additional Sub Treasury Officer Sub Treasury Office Thirvuallur 602 001 2 The Assistant Elementary Education Officer Kadambathur Range Thiruvallur District-631 203 ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the 1st respondent, The Additional Sub Treasury Officer, Sub Treasury Office, Thiruvallur-602 001 dated 20.01.2010 and quash the same and consequentially direct the respondents to pay the arrears of revised pension to the petitioner.
For Petitioners : Mr.A.R.Nixon For Respondents : Mr.P.Chinnadurai, AGP for R1 Mr.P.Raja, Govt.Advocate for R2
O R D E R
Petitioner retired as Elementary School Head Master from 30.09.2005. He is entitled to Selection grade and Special grade pay as per G.O.Ms.No.207, School Education (G2) Department dated 30.09.2008. The 2nd respondent submitted the pension proposals of the petitioner to the 1st respondent as approved by the Accountant General. However, the 1st respondent has returned the papers with a direction directing the 2nd respondent to enclose G.O.Ms.Nos..207, 185 and 160 and further stated that the pension will be fixed as per G.O.Ms.207. Aggrieved over the same, petitioner is before this Court.
2. From a reading of the impugned order, it is seen that it is only a return made by the 1st respondent for certain https://hcservices.ecourts.gov.in/hcservices/
compliances by the 2nd respondent. This communication dated 20.01.2010 does not decline or reject any request made by the petitioner. It is only a clerical error sought to be rectified. The communication between the 1st and 2nd respondent came to be challenged by the petitioner unnecessarily. Inspite of the writ petition, nothing prevented the 2nd respondent to comply with the return. Unnecessarily, the matter has been delayed for a period of 10 years.
3. In the considered opinion of the Court, petitioner has no grievances in so far as pay fixation done by the Accountant General. His claim is that he shall be paid his pension and arrears in the revised scale of pay as per G.O.Ms.No.207. The 1st respondent also directed the 2nd respondent to enclose relevant government orders and observed the petitioner will be paid as per the revised scale of pay given as per G.O.Ms.No.207. In that event no one can have any grievance. Therefore, there is no reason to set aside the order impugned in this writ petition. However considering the facts and circumstances a direction is given to the 2nd respondent to re-submit the pension proposal of the petitioner along with relevant government orders as required by the 1st respondent and the pension papers of the petitioner shall be processed with in a period of eight weeks from the date of receipt of a copy of this order.
4. Writ petition is disposed of in the above terms. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kpr To
1. The Additional Sub Treasury Officer Sub Treasury Office Thirvuallur 602 001
2. The Assistant Elementary Education Officer Kadambathur Range Thiruvallur District-631 203 +1 cc to Mr.A.R.Nixon, Advocate Sr.No. 15983 +1 cc to The Government Pleader, Sr.No. 16737 +1 cc to The Government Pleader, Sr.No. 16698 W.P.No.8109 of 2010 NRL(CO) RMP(16/07/2020) https://hcservices.ecourts.gov.in/hcservices/