A.Elumalai v. The Elementary Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN A.Elumalai ... Petitioner -Vs1. The Elementary Education Director, Office of Directorate of the State Elementary Education, Nungambakkam, Chennai - 600 006.
2. The Joint Registrar, Joint-Registrar's Office of the Co-operative Societies, District Planning Office, Villupuram - 605 602.
3. The Chief Educational Officer, District Chief Education Office, District Planning Office, Villupuram - 605 602.
4. The District Elementary Educational Officer, District Elementary Education Office, District Planning Office, Villupuram - 605 602.
5. The Block Education Officer, Thiruvennainallur Union, 1/7
6. The Block Education Officer-II, Mailam Region and Post,
7. The Secretary, Thiruvennainallur Panchayat Union School Teachers, Staff and Aided School Teachers Co-operative Society Ltd., Thiruvennainallur,
8. K.Rosy, Head Mistress, Panchayat Union Elementary School, Thenkolapakkam, Mailam Post, Villupuram - 604 304.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 05.06.2024 and release the petitioner's pensionary benefits within the time fixed by this Court. For Petitioner : Mr.V.Chandraprabu For Respondents : Mrs.S.Mythreye Chandru, Special Government Pleader (for R1 & R3 to R6) Mr.V.Umakanth, Government Advocate (for R2) ***** 2/7
O R D E R
The instant writ petition has been filed with a prayer for issuing a Mandamus to direct the respondents to consider the petitioner's representation dated 05.06.2024 and release the petitioner's pensionary benefits within the time fixed by this Court.
2. The learned counsel for the petitioner would submit that on the ground that the petitioner stood as a guarantor for one R.Sivaprakasam, who is his co-employee, and due to his non payment of loan amount, and the respondents are withholding the petitioner's pensionary benefits. It is the further submission of the petitioner that even according the respondents, it is the said R.Sivaprakasam's legal heir, who is solely responsible to pay the amount. Inspite of taking such a stand, the respondents have not settled the pensionary benefits to the petitioner. In this connection, the petitioner has sent a representation dated 05.06.2024, and such representation is pending with the respondents.
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3. At this juncture, the learned counsel for the first to sixth respondents would fairly submit that they would consider the representation of the petitioner within a reasonable time.
4. Heard the learned counsel for both sides and perused the materials available on record.
5. In view of the above submission, without going to the merits of this Writ Petition, this Court deems it appropriate to direct the respondents to consider the representation dated 05.06.2024 made by the petitioner, after issuance of notice to the necessary parties including the School authorities, and after giving an opportunity of hearing to them, pass orders on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
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6. In the result, this Writ Petition is disposed of with the above observations. No costs.
15.07.2025 kv Index : Yes/No Speaking order /Non Speaking Order To
1. The Elementary Education Director, Office of Directorate of the State Elementary Education, Nungambakkam, Chennai - 600 006.
2. The Joint Registrar, Joint-Registrar's Office of the Co-operative Societies, District Planning Office, Villupuram - 605 602.
3. The Chief Educational Officer, District Chief Education Office, District Planning Office, Villupuram - 605 602.
4. The District Elementary Educational Officer, District Elementary Education Office, District Planning Office, Villupuram - 605 602.
5. The Block Education Officer, Thiruvennainallur Union, 5/7
6. The Block Education Officer-II, Mailam Region and Post,
7. The Secretary, Thiruvennainallur Panchayat Union School Teachers, Staff and Aided School Teachers Co-operative Society Ltd., Thiruvennainallur,
8. The Head Mistress, Panchayat Union Elementary School, Thenkolapakkam, Mailam Post, Villupuram - 604 304.
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C.KUMARAPPAN, J.
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