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Madras High CourtWP/19994/2020disposed of

M.Edison Manova v. The Government Of Tamil Nadu

2023-11-27Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2023

CORAM

THE HONOURABLE MS. JUSTICE R.N.MANJULA W.P No.19994 of 2020 and W.M.P.No.24666 of 2020 M. Edison Manova ...

Petitioner /vs/

1) The Government of Tamil Nadu, Rep. by its Principal Secretary, Welfare of Differently Abled Persons (DAP-1) Department, Secretariat, Fort St. George, Chennai-600 009.

2) The Director for the Welfare of Differently Abled Persons, Commissionerate for the Welfare of Differently Abled Persons, No. 5, KamarajSalai, Lady Wellington College Campus, Triplicane, Chennai - 600 009.

3) The District Differently Abled Welfare Officer, District Differently Abled Welfare Office, District Panchayat Officer Complex, Perumalsamy Building, Officers Line, Vellore. 1/6

4) LE.LC Higher Secondary School for the Deaf, Rep. by its Correspondent, M.C. Road, Ambur Post & Taluk, Thirupathur District - 635 801.

...

Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of MANDAMUS directing the respondents to fix my salary in the post of B.T. Assistant from the date of appointment till the date of superannuation by giving annual increments and other service benefits admissible to the said post such as leave salary, graduate allowance, selection grade pay, special grade pay etc., and to settle my terminal benefits such as provident fund, DCRG, encashment of earned leave, pension and other terminal benefits based on the revised pay in terms of service rules applicable to the said post within a time frame to be fixed by this Court along with an interest at 18% per annum from the due date till the date of actual payments.

For Petitioner :

Mr.R.Sunilkumar For Respondents :

Mr.T.Arunkumar, Additional Government Pleader for RR1 to 3 :

No appearance for R4

ORDER

This Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the respondents to fix my salary in the post of B.T. Assistant from the date 2/6

of appointment till the date of superannuation by giving annual increments and other service benefits admissible to the said post such as leave salary, graduate allowance, selection grade pay, special grade pay etc., and to settle my terminal benefits such as provident fund, DCRG, encashment of earned leave, pension and other terminal benefits based on the revised pay in terms of service rules applicable to the said post within a time frame to be fixed by this Court along with an interest at 18% per annum from the due date till the date of actual payments.

2. Heard, Mr.R.Sunilkumar, learned counsel for the petitioner and Mr.T.Arunkumar, learned Additional Government Pleader for the respondents 1 to 3. Despite the notice was served, there is no representation for the 4th respondent.

3. The petitioner who retired on 2018 has not been given with his retirement benefits so far. Hence the petitioner has promoted to file this writ petition.

4. However Mr.T.Arunkumar, learned Additional Government Pleader for the respondents 1 to 3 submitted that the pension papers were not sent in a proper manner by the 4th respondent school authorities and hence, it has been returned to them. If the 4th respondent scholol will represent the papers after complying the 3/6

defects, it will be convenient for the respondents to consider the papers and then pass orders.

5. Since the papers are lying with the 4th respondent office itself, direction is given to the 4th respondent to send back papers after complying the defects, if any and on receipt of the same the 2nd respondent is directed to pass appropriate orders within a period of four weeks from the date of receipt of copy of represented proposal.

With the above direction, this Writ petition is disposed. No costs. 27.11.2023 Index : Yes Internet : Yes/No jrs 4/6

To

1) The Principal Secretary, Government of Tamil Nadu, Welfare of Differently Abled Persons (DAP-1) Department, Secretariat, Fort St. George, Chennai-600 009.

2) The Director for the Welfare of Differently Abled Persons, Commissionerate for the Welfare of Differently Abled Persons, No. 5, KamarajSalai, Lady Wellington College Campus, Triplicane, Chennai - 600 009.

3) The District Differently Abled Welfare Officer, District Differently Abled Welfare Office, District Panchayat Officer Complex, Perumalsamy Building, Officers Line, Vellore.

4) The Correspondent, LE.LC Higher Secondary School for the Deaf, M.C. Road, Ambur Post & Taluk, Thirupathur District - 635 801.

5/6

R.N.MANJULA , J.

jrs W.P No.19994 of 2020 and WMP.No.24666 of 2020 27.11.2023 6/6