R.Gracy Bai v. Director Of School Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :31.03.2015

CORAM

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.8752 of 2015 R.Gracy Bai

...Petitioner

Vs.

1. Director of School Education, College Road, DPI Building, Chennai-6.

2. Chief Educational Officer, Thiruvallur District, Tamil Nadu.

3. Accountant General (A&D), Tamil Nadu, Chennai-18.

4. Accounts Officer, Office of the Accountant General, (Accounts & Entitlements), Tamil Nadu, Chennai-18.

...Respondents

Petition filed under Article 226 of the Constitution of India for the issuance of writ of MANDAMUS seeking a direction to the 1st and 2nd respondents to pass orders on the petitioner's representation dated 20.06.2014 and thereby relaxing the deficiency in service for 5 months and grant the petitioner pensionary benefits w.e.f. 01.06.2010 to till date with arrears of pay and all other consequential benefits. For Petitioner : Ms.Y.Kavitha For Respondents : Mr.M.S.Ramesh, AGP

O R D E R

The petitioner was appointed as Tamil Pandit in Government Higher Secondary School, Kadamalai Kundu, Theni District. Thereafter, she was posted at A.M.School, Ellavur, Tiruvallur District. The petitioner was subjected to further posting in two other Government Institutions. The petitioner on attaining the age of superannuation, retired from service on 31.05.2010. Since she had worked only for a period of nine years and seven months, she was not given pension. The petitioner submitted a representation on 20.06.2014 requesting the first respondent to grant pension by relaxing the deficiency period in accordance with the Government Order in G.O.Ms.No.18 Education Department dated 09.01.1997. The representation is stated to be pending on the file of first respondent.

2. The first respondent is directed to consider and dispose of the representation submitted by the petitioner on 20.06.2014, on merits and as per law and more particularly, in the light of the Government Order in G.O.Ms.No.18 Education Department dated 09.01.1997. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

3. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar ajr/gya To

1. Director of School Education, College Road, DPI Building, Chennai-6.

2. Chief Educational Officer, Thiruvallur District, Tamil Nadu.

3. Accountant General (A&D), Tamil Nadu, Chennai-18.

4. Accounts Officer, Office of the Accountant General, (Accounts & Entitlements), Tamil Nadu, Chennai-18.

1 CC to M/s. Giridhar & Sai Associates, Advocate SR.No. 18129 1 CC to the Government Pleader, SR.No. 18373 W.P.No.8752 of 2015 VGI (CO) PSI (10.04.2015)