C.Bakthavatchalam v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.37048 of 2015 C.Bakthavatchalam ... Petitioner Vs.

1.The Government of Tamil Nadu Rep by its Secretary to Government School Education Department St.George Fort, Chennai-9.

2.The Director of School Education College Road, Chennai-6.

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

4.The Accountant General Office of the Principle Accountant General (Accounts and Entitlements) Tamil Nadu No.361, Anna Salai, Chennai-18.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the first respondent to include the petitioner's name in the list annexed to the GO.Ms.No.69 dated 18.04.2013 as per the petitioner's representation dated 28.10.2015. For Petitioner : Mr.M.Thamizhavel For Respondents : Mrs.M.E.Raniselvam, AGP for R1 to R3.

Mr.V.Vijayshankar for R4.

O R D E R

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner along with 13 others have filed WP.Nos.17161 to 17163 of 2012 before this Court praying for issuance of writ of Mandamus to refix the time scale of pay at Rs.2000-60-2300-75-3200 with effect from 01.06,1988 as per GO.Ms.No.216 of Finance (pay commission) Department dated 23.02.1993 and this Court, vide order dated 09.07.2012, has https://hcservices.ecourts.gov.in/hcservices/

directed the respondents therein to pass orders on the petitioner's representation in the light of the earlier order passed in WP.No.8747 of 2009 dated 14.07.2009, confirmed by the Hon'ble Supreme Court of India in CC.No.2746 of 2010 dated 23.04.2010.

3.The grievance now expressed by the petitioner is that though the said order has been partially complied with, the pensionary benefits have not been conferred on the petitioner. Hence, he came forward to file this writ petition. 4.Heard the submissions of Mr.M.Thamizhavel, learned counsel appearing for the petitioner and Mrs.M.E.Raniselvam, who accepts notice on behalf of the respondents 1 to 3 and Mr.v.Vijayashankar, learned standing counsel who accepts notice on behalf of the fourth respondent.

5.Though the petitioner has prayed for a larger relief, this court, in the light of the above facts and circumstances directs the first respondent to consider the representation of the petitioner dated 28.10.2015 and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of copy of this order and communicate the decision taken, to the petitioner.

6.The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar tsh To 1.The Government of Tamil Nadu Rep by its Secretary to Government School Education Department St.George Fort, Chennai-9.

2.The Director of School Education College Road, Chennai-6.

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

4.The Accountant General Office of the Principle Accountant General (Accounts and Entitlements) Tamil Nadu No.361, Anna Salai, Chennai-18.

+1 cc to The Government Pleader, sr.63537 +1 cc to Mr.M.Thamizhavel, Advocate, sr.63423 W.P.No.37048 of 2015 pa co, kra 15.12.2015 https://hcservices.ecourts.gov.in/hcservices/