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Madras High CourtWP/13193/2021disposed of

J.Nesakumari v. The State Of Tamil Nadu

2021-06-24Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No.13193 of 2021 J.Nesakumari .. Petitioner

Versus

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

2.The Commissioner State Commissionerate for the Rehabilitation of the Differently Abled, Lady Wellington College Compound, Kamarajar Salai, Chennai - 600 005.

3.The District Differently Abled Welfare Officer, Nagercoil, Kanniyakumari District.

4.The Correspondent, CSI High School for the Deaf, Kottaram - 629 703, Kanniyakumari District.

5.The Principal Accountant General, (Accounts and Estatblishment) Tamil Nadu, No.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 1 to 4 to pay salary and other connected service benefits to the petitioner attached to the post of B.T.Assistant w.e.f.05.02.2013 by extending the benefits of upgradation of post as in the cases of Mrs.R.Rajam Hepsy and S.Devasigamony made in W.P.No. 6441 of 2005 dated 18.4.2013 and W.P.No. 29312 of 2004 dated 21.12.2020

respectively, for which the petitioner has submitted representations dated 27.3.2017, 22.01.2018, 24.02.2020 and 05.03.2021 to the 2nd respondent.

For Petitioner : Mr.R.Malaichamy For Respondents : Mr.C.Munusamy Government Advocate for R1 O R D E R By consent of both sides, this writ petition is taken up for final disposal.

2.This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents 1 to 4 to pay salary and other connected service benefits to the petitioner attached to the post of B.T.Assistant w.e.f.05.02.2013 by extending the benefits of upgradation of post as in the cases of Mrs.R.Rajam Hepsy and S.Devasigamony made in W.P.No. 6441 of 2005 dated 18.4.2013 and W.P.No.29312 of 2004 dated 21.12.2020 respectively, for which the petitioner has submitted representations dated 27.3.2017, 22.01.2018, 24.02.2020 and 05.03.2021 to the 2nd respondent.

3.The learned counsel appearing for the petitioner states that the petitioner will be satisfied if a direction is issued to the second respondent to consider the petitioner's representations from 27.3.2017 to 05.03.2021. 4.Considering the limited scope of the prayer which is sought for in this Writ Petition, without expressing any opinion on the merits of the petitioner's representations, this writ petition is disposed of with a direction to the second respondent to consider the petitioner's representations from 27.3.2017 to 05.03.2021 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No Costs. s/d- Assistant Registrar(CS-VIII) True Copy Sub-Assistant Registrar ssr

To

1. The Secretary to Government, Social Welfare Department, Fort St. George, Chennai - 600 009.

2. The Commissioner State Commissionerate for the Rehabilitation of the Differently Abled, Lady Wellington College Compound, Kamarajar Salai, Chennai - 600 005.

3. The District Differently Abled Welfare Officer, Nagercoil, Kanniyakumari District.

4. The Principal Accountant General, (Accounts and Estatblishment) Tamil Nadu, No.361, Anna Salai, Teynampet, Chennai - 600 018 +1 CC to The Government Pleader sr 29410.

+1 CC to Mr.R.Malaichamy, Advocate sr 29232.

W.P. No.13193 of 2021 UM(CO) SP(19/07/2021)