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Madras High CourtWP/9227/2021disposed of

Malathy Benjamin v. The State Of Tamil Nadu,

2021-04-15Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.04.2021

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.No.9227 of 2021 Malathy Benjamin ..Petitioner Vs.

1.The State of Tamil Nadu Rep by its Principal Secretary to Government School Education Departments Secretariat, Fort.St.George Chenai-600 009

2. The Director of School Education DPI Campus, College Road, Chennai-600 006 3.The Chief Educational Officer South Chennai Education District Presidency Girls Higher Secondary School campus Egmore, Chennai-600 008 4.The Headmaster & Correspondent Madras Christian College Higher Secondary School 78, Harrington Road Chetpet, Chennai-600 031 5.The Principal Accountant General(A&E) Tamil Nadu O/o the Principal Accountant General AG's office complex, 361 Anna Salai Teynampet, Chennai-600 018 ..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pass orders for counting 50% of service rendered by the petitioner as part time vocational instructor from 15.07.1985 to 04.11.

1996 towards pensionable service and consequently revise the retirement benefits including regular pension payable to the petitioner from the date of retirement on 02.12.2022 with all consequential and other attendant benefits as per G.O.Ms.No.194 School Education Department dated 12.09.2018 by considering the representation submitted by the petitioner dated 09.01.2018 in the light of various orders.

For Petitioner : Mr.G.Sankaran For Respondents : Mr.P.Raja Government Advocate

ORDER

Petitioner has filed the writ petition to consider her representation made for counting 50% of the service rendered by her as a part time vocational instructor from 15.07.1985 to 04.11.1986 towards calculation of pension.

2. Mr.P.Raja, learned Government Advocate takes notice on behalf of the respondents.

3. According to the petitioner, the Government in G.O.Ms.No.194 Education Department dated 12.09.2018 has issued a direction to calculate 50% of the services rendered as part time Vocational instructor for the purpose of calculating pension. Even though the petitioner has made a representation on 09.01.2018, so far the respondents have not passed any orders. Aggrieved over the same, she seeks a direction from this Court to dispose of her representation within a stipulated time limit.

4. Considering the limited prayer sought and without going into the merits of the case, as it is pending before the 3rd respondent, a direction is given to the third respondent to dispose of the representation in the light of G.O.Ms.No.194 Education Department dated 12.09.2018 and also the orders of this Court in this matter within a period of two months from the date of receipt of copy of this order.

With the above direction, writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar To 1.The Principal Secretary to Government State of Tamil Nadu School Education Departments Secretariat, Fort.St.George Chenai-600 009

2. The Director of School Education DPI Campus, College Road, Chennai-600 006 3.The Chief Educational Officer South Chennai Education District Presidency Girls Higher Secondary School campus Egmore, Chennai-600 008

4.The Headmaster & Correspondent Madras Christian College Higher Secondary School 78, Harrington Road Chetpet, Chennai-600 031 5.The Principal Accountant General(A&E) Tamil Nadu O/o the Principal Accountant General AG's office complex, 361 Anna Salai Teynampet, Chennai-600 018.

+1cc to Mr.G.Sankaran, Advocate SR.No. 22923 +1 cc to Government Pleader Sr.No. 23100 W.P.No.9227 of 2021 RSV (CO) A.SK(16.06.2021)