D.Anjaneyulu v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Writ Petition No.20551 of 2025 D.Anjaneyulu ... Petitioner ..Vs..
1.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai 600 009.
2.The Director of Elementary Education, Chennai - 6.
3.The District Educational Officer, (Secondary) Hosur, Krishnagiri District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the first respondent to consider the petitioner case in the light of the provisions of Pension Rule 40(1) & the Rule 82 of the Tamil Nadu Pension Rule, 1978 by relaxing Rules, and sanction a compassionate allowance non exceeding two-thirds of pension or gratuity or both which would have been admissible to him if he had retired on medical certificate by considering representation of petitioner dated 28.03.2025 and confer all the consequential benefits including revision of pension arrears.
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For Petitioner :
Mr.P.Ganesan For Respondents : M/s.Mythreye Chandru Special Government Pleader (Education)
ORDER
The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the first respondent to consider the petitioner case in the light of the provisions of Pension Rule 40(1) & the Rule 82 of the Tamil Nadu Pension Rule, 1978 by relaxing Rules, and sanction a compassionate allowance non exceeding two-thirds of pension or gratuity or both which would have been admissible to him if he had retired on medical certificate by considering representation of petitioner dated 28.03.2025.
2. The learned counsel appearing on behalf of the petitioner would submit that the petitioner has served for 20 years as Secondary Grade Headmaster (Telugu), of Panchayat Union Elementary School and abandoned service during 2002. Thereafter, the Disciplinary Authority has initiated disciplinary proceedings and removed the petitioner from service for unauthorized absence. The learned counsel for the petitioner would further 2/6
submit that the Government is competent enough to consider the case of the petitioner for granting pension. In this connection, he has sent a representation to the respondents on 28.03.2025 and such representation is pending before the respondents.
3. Though the learned Special Government Pleader appearing on behalf of the respondents strongly object the petitioner's claim for compassionate allowances, however, she would fairly submit that the respondent Department would consider the petitioner's representation within a reasonable time, in accordance with law.
4. Heard the learned counsel on either sides and perused the materials available on record.
5. In view of the said fair submission made by the learned Standing Counsel for the respondents, without going to the merits of this Writ Petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 28.03.2025 and pass order within a period of 3/6
twelve (12) weeks from the date of receipt of a copy of this order on its own merits and in accordance with law.
6. With the above observations, the Writ Petition stands disposed of. No costs.
12.06.2025 ssi Index : Yes Internet : Yes 4/6
To:
1.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai 600 009.
2.The Director of Elementary Education, Chennai - 6.
3.The District Educational Officer, (Secondary) Hosur, Krishnagiri District.
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C.KUMARAPPAN, J.
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