Sathunavu Matrum Anganwadi v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.8.2015
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.24609 of 2015 Sathunavu Matrum Anganwadi Oyvoothiyar Sangam (Regn.No.132/2013) Rep. by its General Secretary Mr.E.Mayamalai 3/1076-2 M.R. Appan Illam Muthuramalingam Nagar, Virudunagar.
...Petitioner
-Vs1 The Government of Tamilnadu rep. by the Secretary to Government Social Welfare and Nutritious Meal Programme Department Fort St. George Chennai-600 009.
2 The Secretary to Government Finance Department Govt. of Tamil Nadu Fort St. George Chennai-600 009.
3 The Commissioner of Social Welfare SIDCO Old Complex Guindy Chennai- 600 032.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to bring the posts held by the Noon Meal and Anganwadi employees under the pensionable establishment and grant them pension under the Tamil Nadu Pension Rules and ensure the payment of minimum pension of Rs.3050/- or 50% of the last pay drawn whichever is higher.
For Petitioner : Mr.P.Rajendran For Respondent : Mr.V.Subbiah Special Government Pleader
O R D E R
By consent, this Writ Petition is taken up for final disposal.
2. The petitioner association would state that it is disposing the cause of noon meal and Anganwadi employees, who had rendered services for more than 30 years and though it is a civil post and consequently, they are having right as that of a regular Government servants, they have not been conferred with any pensionary benefits in terms of the Tamil Nadu Pension Rules and in this regard, they have submitted a representation dated 22.4.2013 and thereafter, they made very many personal representations to the respondents. Since no answer is forthcoming, came forward to file this writ petition.
3. Heard the submissions of the learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of respondents.
4. Though the petitioner prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the claim projected by the petitioner association, permits the petitioner to make one more representation to respondents 1 to 3 within a period of two weeks from the date of receipt of a copy of this order by enclosing a copy of the order as well as their earlier representation dated 22.4.2013 and the respondents 1 to 3 on receipt of the same are directed to consider the same and pass orders in accordance with law within a period of 12 weeks, thereafter and communicate the decision taken, to the petitioner.
5. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar
kua To 1 The the Secretary to Government, Government of Tamilnadu Social Welfare and Nutritious Meal Programme Department Fort St. George Chennai-600 009.
2 The Secretary to Government Finance Department Govt. of Tamil Nadu Fort St. George Chennai-600 009.
3 The Commissioner of Social Welfare SIDCO Old Complex Guindy Chennai- 600 032.
1 CC to Mr.P.Rajendran, Advocate SR.No. 41819 1 CC to the Government Pleader, SR.No. 41592 W.P.No.24609 of 2015 MG (CO) PSI (25.08.2015)