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Madras High CourtWP/23535/2023disposed of

R.N.Arul Jothi v. The Secretary

2023-08-10Honourable Mr Justice S. Vaidyanathan,Honourable Mr.Justice K.Rajasekar5 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 10-08-2023

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.23535 of 2023 R.N.Arul Jothi ...

Petitioner -vs1.The Secretary, Home Department (Courts), Secretariat, Chennai - 600 009.

2.The Deputy Secretary, Home Department (Courts-V), Secretariat, Chennai - 600 009.

3.The Registrar General, High Court, Chennai - 600 104.

4.The Accountant General, O/o. The Accountant General, 261, Anna Salai, Chennai - 600 018.

...

Respondents

2/5 Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the first respondent to issue necessary orders to the second respondent to consider the representation of the petitioner, dated 03.09.2021. For Petitioner : Mr.G.Gopalakrishnan For Respondents 1 & 2 : Mrs.V.Yamunadevi, Spl.Govt.Pleader.

For Respondent 3 : Mr.Fakkir Mohideen, Standing Counsel.

ORDER

(By S.Vaidyanathan,J.) Petitioner has come forward with this petition, seeking a direction to first respondent to issue necessary orders to second respondent to consider his representation, dated 03.09.2021.

2. According to the petitioner, he joined the service of High Court of Madras on 06.02.1989 and retired from service on 31.08.2018. His further case is, that, prior to his joining the High Court service, he worked as a Part-Time Vocational Instructor in Ramakrishna Higher Secondary School, Tirupattur, (Govt. Aided School) from 30.07.1982 to 31.05.1983 and in Meenkshi Government Girls' Higher Secondary School, Tirupattur, from 19.07.1984 to 25.10.1988, thereby putting in a total service of 61 months and 6 days as Part-Time Vocational Instructor in the above schools. In that

3/5 regard, he submitted a representation to third respondent on 03.09.2021 for inclusion of the said service for pensionary benefits, which was forwarded to second respondent on 22.03.2022, but, till-date, no orders were passed. Hence, this Writ Petition for the relief stated supra.

3. Considering the limited scope of the prayer, without going into the merits of the case, we direct second respondent to consider the representation of the petitioner, dated 03.09.2021, and pass appropriate orders on merit and in accordance with law within a period of two months from the date of receipt of a copy of this order, after affording an opportunity of being heard to the petitioner. In case the petitioner fails to appear for personal hearing, second respondent may record his absence and pass orders, as aforesaid. Second respondent is also to consider the point of delay in making the representation and take a decision thereon.

4. Writ Petition is disposed of as above. No costs. Index : Yes/No (S.V.N.,J.) (K.R.S.,J.) Internet : Yes/No 10-08-2023 dixit

4/5 To 1.The Secretary, Home Department (Courts), Secretariat, Chennai - 600 009.

2.The Deputy Secretary, Home Department (Courts-V), Secretariat, Chennai - 600 009.

3.The Registrar General, High Court, Chennai - 600 104.

4.The Accountant General, O/o. The Accountant General, 261, Anna Salai, Chennai - 600 018.

5/5 S.VAIDYANATHAN,J.

AND K.RAJASEKAR,J.

dixit W.P.No.23535 of 2023 10-08-2023