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Madras High CourtWP/4873/2020disposed of

A.Samidasan v. The Principal Accountant General

2020-02-26Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.02.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.4873 of 2020 A.Samidasan ... Petitioner Vs.

1. The Principal Accountant General (Accounts & Entitlements), Tamil Nadu, 361, Anna Salai, Chennai 600 018.

2. The District Educational Officer, Hosur, Pin 635 109, Krishnagiri District.

3. The Correspondent, St. John Bosco Girls Higher Secondary School, Hosur, Pin 635 109, Krishnagiri District.

.. Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to authenticate, authorize and disburse the benefits granted to the petitioner in WP No.5193/2014 in the light of verification done by the third respondent within a time limit stipulated by this Court. For Petitioner : Mr.J.Lakshminarayanan For Respondents: Mrs. V.Annalakshmi Government Advocate

O R D E R

This Writ Petition has been filed for the issue of writ of Mandamus directing the first and second respondents to disburse the benefits granted to the petitioner, by virtue of the order passed by this Court in WP No.5193 of 2014.

2. The case of the petitioner is that he was working as a Secondary Grade Teacher (Special Grade). He retired from service in the year 2007. According to the petitioner, the Government issued G.O.Ms.No.216 dated 22.03.1993 introducing

uniform scale of pay for all Secondary Grade Teachers. According to the petitioner, he was not extended the benefit granted in the said Government order. Therefore, the petitioner along with similarly placed teachers filed WP No.5193 of 2014 before this Court. This Writ Petition was tagged along with connected Writ Appeals and all the cases came to be disposed of by an order dated 04.02.2015. This Court issued certain directions in those batch of cases.

3. The directions issued by this Court was not implemented insofar the petitioner was concerned. Therefore, the petitioner made a representation and based on the same, the second respondent had sent revised pension proposals to the first respondent for authorisation. The first respondent has returned the file on the ground that the name of the petitioner as found in the cause title in WP No.5193 of 2014 is mentioned as A.Samynathan. Aggrieved by the same, the present Writ Petition has been filed before this Court.

4. The learned counsel for the petitioner submitted that it was a typographical error that was found in the cause title and the petitioner cannot be deprived of benefits conferred on him pursuant to the orders passed by this Court. The learned counsel further submitted that the identity of the petitioner was never under dispute even in the earlier proceedings. Therefore, according to the learned counsel for the petitioner, the respondents ought to have proceeded further to authorise and disburse the benefits that were granted to the petitioner.

5. The learned Government Advocate appearing on behalf of the respondents submitted that the respondents will verify the records and satisfy themselves regarding the identity of the petitioner and thereafter, will pass appropriate orders in line with the earlier order passed by this Court.

6. Taking into consideration the facts and circumstances of the case and the fact that this Court has already passed an earlier order granting the relief, there shall be a direction to the second respondent to resubmit the proposal to the first respondent and the first respondent after being satisfied with the identity of the petitioner, shall proceed further to pass orders in line with the earlier order passed by this Court in WP No.5193 of 2014. This process shall be completed within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the respondents along with a copy of this order.

7. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jv To 1.The Principal Accountant General (Accounts & Entitlements), Tamil Nadu, 361, Anna Salai, Chennai 600 018.

2.The District Educational Officer, Hosur, Pin 635 109, Krishnagiri District.

3.The Correspondent, St. John Bosco Girls Higher Secondary School, Hosur, Pin 635 109, Krishnagiri District.

+1cc to Mr.J.Lakshminarayanan, Advocate, Sr.No.16679. +1cc to The Government Pleader, High Court,Madras, Sr.No.17750 W.P.No.4873 of 2020 MP (CO) klt(22/05/2020)