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Madras High CourtWP/9900/2012disposed of

Selvi.Rajakumari A.Gowri, v. The Government Of Tamil Nadu,

2023-09-26Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.09.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P No.9900 of 2012 Rajakumari A.Gowri ....

Petitioner Vs

1. The Government of Tamil Nadu, Rep. by Secretary to the Government, School Education Department, Fort St.George, Chennai - 600 009.

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Joint Director of School Education, (Higher Secondary), College Road, Chennai - 600 006.

4. The Chief Educational Officer, Theni District, Theni.

....

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to sanction terminal benefits including pension for the period of 21 years rendered by the petitioner in the State Education Department from 13.06.1966 to 14.08.1987, by deeming that the petitioner retires from services on 14.12.1999 when the petitioner reached the age of 58 years and to grant arrears of pension. 1/4

For Petitioner : Mr.R.Saseetharan For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader

ORDER

This Writ Petition has been filed for direction directing the respondents to sanction terminal benefits including pension for the period of 21 years rendered by the petitioner in the State Education Department from 13.06.1966 to 14.08.1987, by deeming that the petitioner retires from services on 14.12.1999 when the petitioner reached the age of 58 years and to grant arrears of pension.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. A perusal of the counter filed by the third respondent reveals that the period of absence of the petitioner from 17.08.1987 to 31.12.1999 was regularised by the order dated 29.06.2010 in G.O.(3D) 83, School Education (Higher Secondary) as extraordinary leave without medical certificate. After regularisation of the long leave taken by the petitioner, he has not submitted 2/4

any pension proposal to the Headmaster, Government Girls Higher Secondary School. Therefore, the petitioner is at liberty to submit her pension proposal as per the regularisation of her long leave within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the concerned Headmaster shall direct to forward the same to the authority concerned for further action within two weeks. Thereafter, if not already considered the petitioner's request for pension and pensionary benefits shall be considered without any further delay.

4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

26.09.2023 Index : Yes/No Internet : Yes/No Lpp To

1. The Secretary to the Government, School Education Department, Fort St.George, Chennai - 600 009.

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G.K.ILANTHIRAIYAN.J Lpp

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Joint Director of School Education, (Higher Secondary), College Road, Chennai - 600 006.

4. The Chief Educational Officer, Theni District, Theni.

W.P No.9900 of 2012 vb 26.09.2023 4/4