S.Sivakumar v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.
Nos.24237, 24238, 24240 & 24241 of 2021 1.S.Sivakumar ... Petitioner inW.P.No.24237 of 2021 2.V.Kumar
...Petitioner in W.P.No.24238 of 2021
3.M.Meganathan
...Petitioner in W.P.No.24240 of 2021
4.A.Govindhan
...Petitioner in W.P.No.24241 of 2021
Vs.
1.The State of Tamil Nadu, Rep by the Secretary to Government, Education Department, Fort St.George, Chennai - 9.
2.The Director of School Education, College Road, Chennai - 09.
3.The Chief Educational Officer, Vellore District.
4.The District Educational Officer, Vellore District.
... Respondents in all W.Ps Prayer in all W.Ps: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioners' representation dated 30.04.2021 to calculate the petitioners' service from the date of their initial appointment on 30.01.1995, 01.06.1998, 19.08.1997 and 20.03.1995 and Page No.1 of 6
consequently, direct the respondents to pay pension and other terminal benefits at the time of retirement to the petitioners with all consequential benefits and arrears.
In all W.Ps.
For Petitioners : Ms.S.Esairani Narasimman For Respondents : Mr.Yogesh Kannadasan, SGP COMMON ORDER These Writ Petitions have been filed seeking issuance of a Writ of Mandamus, to direct the respondents to consider the petitioners' representation dated 30.04.2021 for calculating the petitioners' service from the date of their initial appointment (i.e) from 30.01.1995, 01.06.1998, 19.08.1997 and 20.03.1995 and consequently, direct the respondents to pay pension and other terminal benefits at the time of retirement with all consequential benefits and arrears.
2. Heard Ms.S.Esairani Narasimman, learned counsel for the petitioners and Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondents in all Writ Petitions. Page No.2 of 6
3. The petitioners were appointed as Part-time Sweepers in the Government Schools in Vellore District on 30.01.1995, 01.06.1998, 19.08.1997 and 20.03.1995. The first respondent has issued G.O.Ms.No.68 dated 18.04.2013 to regularise the services of the petitioners and the monetary benefits were also given vide proceedings in Na.Ka.No.1103/A1/2013 dated 12.06.2013. The petitioners' services were also regularised from 29.01.2005, 31.05.2008, 18.08.2007 and 19.03.2005. However, the petitioners' services have been taken only from the date of regularisation and not from the date of initial appointment for calculating the pension and other terminal benefits. In the regard, the petitioners have given a representation on 30.04.2021 to the respondents. So far, no fruitful action has been taken by the respondents. Therefore, the petitioners are before this Court.
4. The learned Special Government Pleader for the respondents submitted that if short time is given, the petitioners' representation will be considered and orders will be passed.
Page No.3 of 6
5. In view of the above submission of the learned Special Government Pleader, these Writ Petitions are disposed and the respondents are directed to consider the representation of the petitioners and pass appropriate orders in a manner known to law, within a period of four weeks from the date of receipt of a copy of this order. No costs. 23.01.2024 Index : Yes / No Internet : Yes/No Speaking / Non-Speaking gsk Page No.4 of 6
To 1.The Secretary to Government, Education Department, Fort St.George, Chennai - 9.
2.The Director of School Education, College Road, Chennai - 09.
3.The Chief Educational Officer, Vellore District.
4.The District Educational Officer, Vellore District.
Page No.5 of 6
R.N.MANJULA , J.
gsk 23.01.2024 Page No.6 of 6