M.Mallika v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN M.Mallika ... Petitioner Vs.
1.The State of Tamilnadu, Represented by its Secretary to Government, Finance Department, Fort St.George, Chennai - 9.
2.The Director of School Education, College Road, Chennai - 6.
3.The Chief Education Officer, C.E.O. Office, Chengalpat, Chengalpat District.
4.The Headmaster, Government Higher Secondary School, Vengappakkam - 603 102, Chengalpat District.
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5.The Principal Accountant General (A&E), Office of Accountant General, 361, Annasalai, Teynampet, Chennai - 600 018.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to pass appropriate orders on petitioner's application for inducting her into an old pension scheme, which has forwarded through proper channel by 4th respondent in Na.Ka.No.07/2025, dated 02.01.2025. For Petitioner : Mr.R.Sundar For Respondents : Mr.R.U.Dinesh Rajkumar Additional Government Pleader for R1 Mrs.S.Mythreye Chandru Special Government Pleader for R2 to R4 Mr.V.Vijay Shankar for R5 *****
O R D E R
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The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondents to pass appropriate orders on petitioner's application for inducting her into an old pension scheme, which has forwarded through proper channel by 4th respondent in Na.Ka.No.07/2025, dated 02.01.2025.
2. The learned counsel for the petitioner would submit that the petitioner joined service on 01.4.2003 and, by virtue of G.O.Ms.No.259, Finance (Pension) Department, dated 06.08.2003, the new pension scheme was introduced, and the petitioner was also inducted as a member in the new pension scheme.
3. It is the further submission of the learned counsel for the petitioner that he is eligible to be considered for the old pension scheme. In this regard, he submitted a representation to the 4th respondent on 02.01.2025. According to the petitioner, such representation has not yet been considered by the 4th respondent.
4. Heard the learned counsel for both sides and perused the materials 3/6
available on record.
5. Though there is disputed facts between the parties, taking into consideration of the fact that the representation made by the petitioner is yet to be considered, this Court without going into merits of the matter, deems it appropriate to direct the 4th respondent to consider the representation dated 02.01.2025 and pass order on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
6. In the result, this Writ Petition is disposed of with the above observations. No costs.
03.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order To 1.The Secretary to Government, State of Tamilnadu, 4/6
Finance Department, Fort St.George, Chennai - 9.
2.The Director of School Education, College Road, Chennai - 6.
3.The Chief Education Officer, C.E.O. Office, Chengalpat, Chengalpat District.
4.The Headmaster, Government Higher Secondary School, Vengappakkam - 603 102, Chengalpat District.
5.The Principal Accountant General (A&E), Office of Accountant General, 361, Annasalai, Teynampet, Chennai - 600 018.
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C.KUMARAPPAN, J.
jas 03.06.2025 6/6