M.Nirmala v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-06-2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN M.Nirmala Petitioner(s) Vs
1. The State Of Tamilnadu Rep By Its Princiapl Secretary To Government, Social Welfare And Nutritious Meal Programme Department, Secretariat, Fort St George, Chennai 600 009 2.The Director, School Education Department, DPI Complex, College Road, Chennai 600 006 3.The Chief Education Officer Chief Educational Office, No .301 Collectorate Campus, Salem District 636 001 4.The Accountant General (A and E) Office of the Accountant General (A and E), Teynampet, Chennai 600 018 1/6
5.The Head Master Peraringnar Anna Government Higher Secondary School, Tholasampatty, Omalur Tlauk, Salem District 636 503 Respondent(s) PRAYER : This writ petition has been filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondents to calculate 50 % of the service rendered by the petitioner as Noon meal organizer form 09.02.1983 to 15.03.2007, as qualifying service for pensionary benefits and to award pension to the petitioner by considering the petitioner's representation dated 19.01.2022.
For Petitioner(s):
M/s. R.Jayaprkash For Respondent(s):
Mr.R.Sasikumar, Govt.Advocate For R1 Mr.Mythreye Chandru, Spl.G.P For R2, R3 & R5 Mr.V.Vijay Shankar For R4
ORDER
The writ petition has been filed to calculate 50% of the service rendered by the petitioner as noon meal organizer from 09.02.1983 to 15.03.2007 and award pension by considering the petitioner's representation dated 19.01.2022. 2/6
2. The learned counsel for the petitioner would submit that she was originally appointed as a Noon Meal Organiser on a consolidated pay on 09.02.1983. Thereafter, her pay was modified under the Regular Time Scale of Pay w.e.f. 01.01.1996 as per G.O.(Ms) No.2 of Social Welfare and Nutritious Meal Programme Department, dated 03.01.1996. In the meanwhile, she was selected and appointed as a Tamil Pandit teacher on 16.03.2007 in the 5 th respondent school and thereafter, retired from service on 31.12.2016 on attaining the age of superannuation.
3. It is the submission of the petitioner that as per G.O.(Ms).No.6 dated 06.01.2010, half of petitioner's service as a Noon Meal Organiser, i.e. 12 years from 09.02.1983 to 15.03.2007, has to be added for the purpose of calculating pension. However, without taking into consideration the same, the respondents have not granted pension to the petitioner, In this connection, the petitioner has sent a representation on 19.01.2022.
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4. It is expected from the public authority that, if any representation is received from an individual, it has to be disposed of within a reasonable time. However, in the case of the petitioner, such representation has been pending for almost 3years.
5. In such view of the matter, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 19.01.2022 and pass orders on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above directions, this writ petition is disposed of. No costs. 09-06-2025 mrp Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6
To
1. The State Of Tamilnadu Rep By Its Princiapl Secretary To Government, Social Welfare And Nutritious Meal Programme Department, Secretariat, Fort St George, Chennai 600 009 2.The Director, School Education Department, DPI Complex, College Road, Chennai 600 006 3.The Chief Education Officer Chief Educational Office, No .301 Collectorate Campus, Salem District 636 001 4.The Accountant General (A and E) Office of the Accountant General (A and E), Teynampet, Chennai 600 018 5.The Head Master Peraringnar Anna Government Higher Secondary School, Tholasampatty, Omalur Tlauk, Salem District 636 503 5/6
C.KUMARAPPAN J.
mrp 09-06-2025 6/6