V.R.Sangamithirai v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2021

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.Nos.20102 & 20108 of 2020 (Heard through VC)

1. V.R.Sangamithirai ... Petitioner in W.P.20102 of 2020

2. V.Selvapandian ... Petitioner in W.P.20108 of 2020 -vs1. The Secretary, School Education Department, Fort St.George, Chennai-600 009.

2. The Director of School Education, College Road, Nungambakkam, Chennai-600 006.

3. The Joint Director (Personal), Office of Director of School Education, College Road, Chennai-600 006.

4. The Chief Education Officer, Vellore.

.. Respondents Common Prayer: Petitiond filed under Article 226 of Constitution of India to issue a Writ of Mandamus to direct the 3rd respondent to consider and pass orders on the representations of the petitioner dated 18.01.2020 & 28.12.2019, sent seeking to pay terminal benefits, which petitioners eligible for their 11 years of service and payment of monthly pension taking note of 11 years of service.

For Petitioners : Mr.S.Umapathy For Respondents : Mr.P.Raja Govt. Advocate ***** 1/4

C O M M O N O R D E R The petitioners have come forward with these writ petitions, seeking a direction to the 3rd respondent to consider and pass orders on the representations of the petitioner dated 18.01.2020 & 28.12.2019, which have been sent for payment of terminal benefits, taking note of their 11 years of service.

2. Mr.P.Raja, learned Government Advocate takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

3.

According to the Petitioners, they worked as P.G.Assistant in a Government School and were granted permission to take up foreign employment and they subsequently sought for extension of their leave for another two years. Since there was no response from the respondents, they sought permission to join duty in any of the school. It is the grievance of the petitioners that they did not receive any communication from the respondents and in the meantime, they attained the age of superannuation. Thereafter, the petitioners sent representations dated 18.01.2020 & 28.12.2019 to the respondents for payment of terminal benefits and since the same were kept pending without taking any decision thereon, the petitioners have filed these writ petitions.

4. Considering the facts and circumstances of the case, as the petitioners' representations are already pending with the authorities concerned, this Court directs the Respondents herein to consider the petitioners' representations dated dated 18.01.2020 & 28.12.2019 and pass appropriate orders thereon, in accordance with law within a period of two months from the date of receipt of a copy of this order, with further direction to the respondents to communicate the decision taken on the representations, to the petitioners within a period of three weeks from the date of decision taken thereon. These Writ Petitions are disposed of accordingly. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar 2/4

To:

1. The Secretary, School Education Department, Fort St.George, Chennai-600 009.

2. The Director of School Education, College Road, Nungambakkam, Chennai-600 006.

3. The Joint Director (Personal), Office of Director of School Education, College Road, Chennai-600 006.

4. The Chief Education Officer, Vellore.

+1 cc to Mr.S.Umapathy Advocate sr131,132 +1 cc to M/s.Government Pleader sr196 W.P.Nos.20102 & 20108 of 2020 aa03/02/2021 3/4