T.Sulochanadevi, v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2019
CORAM
THE HONOURABLE Mr.JUSTICE M.DHANDAPANI W.P.No.24695 of 2019 T.Sulochanadevi ... Petitioner Vs 1.The Government of Tamilnadu rep. by its Secretary, School Education Department, Fort St. George, Chennai-600009.
2.The Director of School Education, College Road, Nungambakkam, Chennai- 600 006.
3.The Chief Educational Officer, Namakkal, Namakkal District.
4.The Headmaster, Government Higher Secondary School, Palapatti, Namakkal District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 11.08.2018 with regard to count the earlier service rendered by the petitioner in the recognized unaided schools for the revision of pension in the light of the G.O.M.S.No.143 Education (V2) department dated 30.01.1989. For Petitioner : Mr.V.Thirupathi For Respondents : Mr.C.Munusamy Special Government Pleader.
O R D E R
This Writ Petition has been filed for the issuance of the Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 11.08.2018 with regard to count the earlier service rendered by the petitioner in the recognized unaided schools for the revision of pension in 1/3
the light of the G.O.M.S.No.143 Education (V2) department dated 30.01.1989.
2. The case of the petitioner is that he was appointed as Secondary Grade Teacher on 01.08.1983 and worked until 25.06.1991. Pursuant to the appointment order of the fourth respondent, dated 25.06.1991, the petitioner joined as Secondary Grade teacher at Panchayat Union School, Ayothiapattinam, Salem District.
3. According to the petitioner she attained the age of superannuation on 31.07.2017 and she is receiving pension from 27.08.2014. The grievance of the petitioner is that, since she had disclosed her earlier service rendered from 01.08.1983 to 25.06.1991 in the fifth respondent school, the respondents failed to count her earlier service for the purpose of calculation of pension. In the similar cases, the first respondent has issued G.O.Ms.No.143 Education (V2) department dated 30.01.1989 that the service rendered in recognized schools can be taken into account for fixation of pay and pension. Hence, the petitioner had made a representation dated 11.10.2018 to the respondents requesting to count her earlier service and revise the pension. Since, no action is forthcoming from the respondents, the petitioner is before this Court.
4. The learned counsel for the petitioner would submit that it would suffice to issue direction to the respondents to dispose of the representation in accordance with law.
5. Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to the respondents to dispose of the representation, if not disposed of already within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6. With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar bkn 2/3
To
1. The Secretary The Government of Tamilnadu School Education Department, Fort St. George, Chennai-600009.
2.The Director of School Education, College Road, Nungambakkam, Chennai- 600 006.
3.The Chief Educational Officer, Namakkal, Namakkal District.
4.The Headmaster, Government Higher Secondary School, Palapatti, Namakkal District.
+1 cc to M/s.V.Thirupathi Advocate sr84427 +1 cc to Government Pleader sr85082 W.P.No.24695 of 2019 sal(co) aa09/01/2020 3/3