U.Uthaman v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN U.Uthaman ... Petitioner Vs.

1.The Secretary to the Government, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai 600 009.

2.The Accountant General, (General and Entitlements), Teynampet, Chennai-18.

3.The Director of School Education, College Road, Chennai 600 006.

4.The Chief Educational Officer, Thiruvarur District, Thiruvarur.

5.The Headmaster, Government Boys Higher Secondary School, Koradacheri, Thiruvarur District.

... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take the 50% of the part time service rendered by the petitioner i.e. from 31.10.1984 to 31.03.1990 along with the regular service for the purpose of retirement benefits and pension benefits.

For Petitioner : Mr.M.Dinesh For R1, R3 to R5 : Mr.S.Prabhakaran Government Advocate For R2 : Mr.A.N.R.Jaya Prathap Standing Counsel

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the respondents to take the 50% of the part time service rendered by the petitioner i.e. from 31.10.1984 to 31.03.1990 along with the regular service for the purpose of retirement benefits and pension benefits. 2/6

3. Heard the learned counsel for both sides and perused the materials available on record.

4. The learned counsel for the petitioner would submit that the petitioner was originally appointed as Part Time Vocational Instructor during 1984 and he has been regularised with effect from 01.04.1990 as Vocational Instructor and he retired from service on 31.05.2019. It is the grievance of the petitioner that 50% of his part time service between 31.10.1984 to 31.03.1990 has to be taken into consideration for the purpose of retirement and pension benefits. In this connection, he has sent a representation to the 1st respondent on 20.03.2025 and a copy of the same was marked to respondents 3, 4 and 5 and such representation is pending with the respondents.

5. At this juncture, the learned Government Advocate appearing for the respondents 1, 3 to 5 would fairly submit that they would consider the petitioner's representation and pass orders in accordance with law, within a reasonable time.

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6. In such view of the submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 20.03.2025 and pass orders on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order.

7. With the above direction, the Writ Petition is disposed of. No costs. 02.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To 1.The Secretary to the Government, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai 600 009.

2.The Accountant General, (General and Entitlements), Teynampet, Chennai-18.

3.The Director of School Education, College Road, Chennai 600 006.

4.The Chief Educational Officer, Thiruvarur District, Thiruvarur.

5.The Headmaster, Government Boys Higher Secondary School, Koradacheri, Thiruvarur District.

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C.KUMARAPPAN, J.

dm 02.07.2025 6/6