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Madras High CourtWP/26643/2019dismissed

S.Mary Amalopavam v. Government Of Tamil Nadu

2019-09-06Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.26643 of 2019 1.S.Mary Amalorpavam 2.A.Amalorpava Regina 3.V.Kasthuri 4.E.P.Poonguzhali.

5.G.Ranganathan 6.G.Dhananjayan 7.D.Susila 8.M.Bathima 9.D.Rebecca 10.A.Sucila Subbothai 11.P.John Prince ... Petitioners Vs.

1. Government of Tamilnadu Rep. by Principal Secretary to Government School Education Department Secretariat, Chennai 600 009.

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

3. The Chief Educational Officer, Saidapet,

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

5. The Chief Educational Officer, Dharmapuri, Dharmapuri District.

6. The Chief Educational Officer, Tuticorin, Tuticorin District.

7. The District Educational Officer, Chennai North, ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider the claim of the petitioners for granting the benefits of G.O.Ms.No.216 Finance (PC) Department, dated 22.03.1993 as modified in G.O.Ms.No.90, School Education (SE 3(1) Department dated 09.05.2018 to the pensioner with effect from 01.03.2016 in the light of her representation dated 01.06.2018.

For Petitioners : Mr.G.Punniakoti For Respondents : Mr.C.Munusamy Special Government Pleader.

O R D E R

This writ petition has been filed seeking direction to the first respondent to consider the claim of the petitioners for granting the benefits of G.O.Ms.No.216 Finance (PC) Department, dated 22.03.1993 as modified in G.O.Ms.No.90, School Education (SE 3(1) Department dated 09.05.2018 to the pensioner with effect from 01.03.2016 in the light of the representations dated 01.06.2018.

2.Hear Mr.G.Punniakoti, learned counsel appearing for the petitioner and Mr.C.Munusamy, learned Special Government Pleader, appearing for the respondents.

3.The learned counsel for the petitioners submitted that this Court by an order dated 30.04.2019 directed the respondents to consider the representations of the petitioners dated 01.06.2018 However, till date the petitioners have not considered the same.

4.The learned Special Government Pleader appearing on behalf of the respondents submitted that the issue involved in this case is pending before the Hon'ble Supreme Court.

5.Considering the above submission and in view of the pendency of the case before the Hon'ble Supreme Court, this petition to issue Mandamus is not maintainable. Accordingly, this writ petition stands dismissed. However, the petitioners are at liberty to work out their remedy in the manner known to law after the disposal of the said SLP before the Hon'ble Supreme Court. No costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar rm To 1.Government of Tamilnadu Rep. by Principal Secretary to Government School Education Department Secretariat, Chennai 600 009.

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

3.The Chief Educational Officer, Saidapet, 4.The Chief Educational Officer, Kancheepuram, Kancheepuram District.

5.The Chief Educational Officer, Dharmapuri, Dharmapuri District.

6.The Chief Educational Officer, Tuticorin, Tuticorin District.

7.The District Educational Officer, Chennai North, +1 CC to Mr.G.Punniakoti, Advocate sr 77330.

+1 CC to Govt. Pleader sr 78140.

W.P.No.26643 of 2019 VSNII(CO) SP(22/10/2019)