A.Ramasamy, Junior Grade v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2019
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.6820 of 2018 A.Ramasamy
...Petitioner
Vs 1.The Government of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department Fort St. George, Chennai-600 009.
2.The Director of Elementary Education, College Road, Chennai-600 006.
3.The District Elementary Education Officer, Villupuram district, Villupuram.
4.The Assistant Elementary Educational Officer, Kallakurichi Panchayat Union, Kallakurichi, Villupuram District.
5.The Principal Accountant General of Tamil Nadu, (Accounts and Entitlements) No.361, Anna Salai, Chennai-600 018.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, directing the first respondent to dispose of the petitioner's appeal dated 12.07.2017, (Seeking grant of pension), on Merits within a time frame stipulated by this Court. For Petitioner : Mr.A.S.Kaizer For Respondents : Mr.A.Raja Perumal, Additional Government Pleader.
For R1 to R4
O R D E R
The grievances of the writ petitioner is that the Pension claim of the petitioner has not been considered by the Competent Authority.
2.The learned counsel for the writ petitioner states that the writ petitioner was appointed as a Higher Grade Assistant Teacher on 23.09.1959 and he was compulsorily retired on 31.12.1969. The petitioner had completed 10 years service for the purpose of claiming minimum pension. The said claim of the writ petitioner has not considered by the Competent Authority with reference to the Tamil Nadu Pension Rules in force. 3.Thus, the writ petitioner submitted an appeal to the first respondent on 12.07.2007 and no action has been taken in respect of the said appeal. Under these circumstances, without going to merits of the matter, the first respondent is directed to consider the appeal submitted by the writ petitioner on 12.07.2007 and pass orders on merits and in accordance with the law, within a period of 12 weeks form the date of the receipt of a copy of this order. The writ petitioner is directed to enclose the appeal and all other relevant documents along with the order passed in this present writ petition.
4. Accordingly this writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar tta/pns To 1.The Principal Secretary to Government, The Government of Tamil Nadu, School Education Department Fort St. George, Chennai-600 009.
2.The Director of Elementary Education, College Road, Chennai-600 006.
3.The District Elementary Education Officer, Villupuram district, Villupuram.
4.The Assistant Elementary Educational Officer, Kallakurichi Panchayat Union, Kallakurichi, Villupuram District.
5.The Principal Accountant General of Tamil Nadu, (Accounts and Entitlements) No.361, Anna Salai, Chennai-600 018.
+1cc to Mr.A.S.Kaizer, Advocate, S.R.No.13939 +1cc to the Government Pleader, S.R.No.14099 W.P.No.6820 of 2018 GJ(CO) rrs 14/03/2019