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Madras High CourtWP/17490/2016disposed of

S.Athiannan (M-64) v. The Chief Educational Officer

2016-06-01Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01-06-2016 Coram THE HON'BLE MR. JUSTICE B. RAJENDRAN Writ Petition No.17490 of 2016 S.Athiannan .. Petitioner Vs.

1.The Chief Educational Officer Thiruvannamalai District Thiruvannamalai.

2.The Head Master Government Higher Secondary School Thusi Mamandur Cheyyar Thiruvannamalai District Thiruvannamalai-631 702.

..Respondents Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's representation, dated 04.03.2016, and consequently, to issue direction to the respondents 1 and 2 to pay the entire benefits of arrears of amount and to pass further orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioner :

Mr.S.Manoharan For Respondents :

Mrs.P.Rajalakshmi Government Advocate

O R D E R

By consent, the Writ Petition is taken up and disposed of at the admission stage itself.

2. This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's representation, dated 04.03.2016, and consequently, to issue direction to the respondents 1 and 2 to pay the entire benefits of arrears of amount and to pass further orders as this Court may deem fit and proper in the circumstances of the case.

3. The petitioner had been working as P.G. Teacher (Commerce) in the 2nd respondent School from 30.06.2006 and subsequently, his service was considered for re-employment upto 31.05.2007. Since, there was no pension, the petitioner had https://hcservices.ecourts.gov.in/hcservices/

made several representations seeking to pay the arrears of amount. Last of such representation was made, on 04.03.2016, to the respondents to pay the benefits of arrears of amount. Till date, there was no response. Aggrieved against the same, the present Writ Petition has been filed.

4. Mr.S.Manoharan, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if his representation, dated 04.03.2016, seeking to pay the entire benefits of arrears of amount is directed to be considered by the respondents and appropriate orders are passed.

5. Mrs.P.Rajalakshmi, the learned Government Advocate, who takes notice on behalf of the respondents, has got no serious objection in directing the respondents to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law.

6. Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, directs the respondents to consider the representation of the petitioner, dated 04.03.2016, and pass appropriate orders, on merits and in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

7. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(VI) //True Copy// Sub Assistant Registrar paa To 1.The Chief Educational Officer Thiruvannamalai District, Thiruvannamalai.

2.The Head Master Government Higher Secondary School Thusi Mamandur Cheyyar, Thiruvannamalai District Thiruvannamalai-631 702.

+ 1 cc to Mr.S. Manoharan, Advocate Sr.29536 + 1 cc to Government Pleader Se.29247 W.P.No.17490 of 2016 RK(CO) Eu 17.6.16 https://hcservices.ecourts.gov.in/hcservices/