P.Sithalakshmi v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.2054 of 2016 P.Sithalakshmi ... Petitioner Vs.

1. The State of Tamil Nadu, Rep.by its Secretary, School Education Department, Fort St.George, Chennai - 600 009.

2. The Principal Accountant General [A&E], Tamil Nadu Circle, Teynampet, Anna Salai, Chennai - 600 018.

3. The Chief Educational Officer, Pudukkottai, Pudukkottai District.

4. The Headmaster, Arulmigu Prahagathammal Government Higher Secondary School, Pudukkottai, Pudukkottai District.

... Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to consider and pass orders on the petitioner's representation dated 16.11.2015 with regard to refixation of 4th respondent's pension proposal dated 25.05.2015. For Petitioner : Mr.P.Sivakumar For Respondent : Mr.V.Jayaprakash Narayanan Nos.1, 3 & 4 Special Government Pleader For Respondent No.2 : Mr.V.Vijayashankar

O R D E R

By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

2.The case of the petitioner is that she joined the service as Physical Education Teacher on 03.01.1983 in the fourth respondent School and retired from service on 31.07.2015 on attaining the age of superannuation. According to the petitioner, she is entitled for pension of Rs.15,720/- per month, as per the proposal sent by the fourth respondent, but the second respondent has sanctioned only Rs.12,965/-. The petitioner made a representation on 16.11.2015 to the respondents to revise the pension. Since no order has been passed, the present Writ Petition has been filed. 3.Heard the submissions of Mr.P.Sivakumar, learned counsel appearing for the petitioner, Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, who accepts notice on behalf of the respondents 1, 3 and 4 and Mr.V.Vijayashankar, learned Standing Counsel, who accepts notice on behalf of the second respondent.

4.This Court, taking into consideration the above facts and circumstances and without going into the merits of the same, directs the second respondent to consider the representation of the petitioner dated 16.11.2015 and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

5.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sri To

1. The Secretary, State of Tamil Nadu, School Education Department, Fort St.George, Chennai - 600 009.

2. The Principal Accountant General [A&E], Tamil Nadu Circle, Teynampet, Anna Salai, Chennai - 600 018.

3. The Chief Educational Officer, Pudukkottai, Pudukkottai District.

4. The Headmaster, Arulmigu Prahagathammal Government Higher Secondary School, Pudukkottai, Pudukkottai District.

+1cc to Mr.P.Sivakumar, Advocate, S.R.No.3582 +1cc to Mr.V.Vijayashankar, Advocate, S.R.No.4357 +1cc to the Government Pleader, S.R.No.3783 W.P. No.2054 of 2016 JP(CO) CA(25/02/2016)