R.Gunasekaran v. The Chief Education Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 15400 of 2021 R.Gunasekaran .. Petitioner

Versus

1. The Chief Education Officer, Nagapattinam.

2. The District Education Officer, Nagapattinam.

3. The Block Education Officer, Vetharanyam, Nagapattinam.

4. The Secretary, Vinayakar Aided Primary School, Pandaratham Kadu, Pushpavanam (po), Vetharanyam.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to disburse the terminal and pensionary benefits (i.e) DCRG, Encashment of earn leave, half salary, Pension from 01.06.2019 onwards and other benefits with interest to the petitioner on account of his retirement on 31.05.2019 and regularise the period of suspension from 29.04.2017 to 27.08.2017, by considering the representation of the petitioner dated 15.03.2021, forwarded by the fourth respondent on 24.03.2021 to the third respondent.

For Petitioner : Mr. S.N.Racichandran For Respondents 1-3 : Mr. C.Kathiravan Government Advocate : No appearance

O R D E R Mr. C.Kathiravan, learned Government Advocate, takes notice for the respondents 1 to 3. With the consent of both parties this matter is taken up for final hearing.

2. This writ petition is filed for issuance of a Writ of Mandamus directing the respondents to disburse the terminal and pensionary benefits and other benefits with interest to the petitioner on account of his retirement on 31.05.2019 and regularise the period of suspension from 29.04.2017 to 27.08.2017, by considering the representation of the petitioner dated 15.03.2021, forwarded by the fourth respondent on 24.03.2021 to the third respondent.

3. Though the prayer sought in this writ petition is to issue a positive direction to the respondents, learned counsel appearing for the petitioner states that the petitioner will be satisfied if a direction is issued to the second respondent to consider and pass orders on the petitioner's representation dated 15.03.2021, forwarded by the fourth respondent to the third respondent which is pending consideration before the second respondent.

4. Having regard to the limited scope of prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's representation or the case pleaded before this Court, this writ petition is disposed of with a direction to the second respondent to consider the petitioner's representation dated 15.03.2021, and dispose of the same 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. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar bkn

1. The Chief Education Officer, Nagapattinam.

2. The District Education Officer, Nagapattinam.

3. The Block Education Officer, Vetharanyam, Nagapattinam.

+1cc to M/s.S.N.Racichandran, Advocate SR.No.35500 +1 cc to Special Government Pleader SR.No.36246 W.P. No. 15400 of 2021 SJ(CO) CT/28/07/2021