T. Jeyarani W/O. R.Pasupathi v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.27388 of 2019 T.Jeyarani .. Petitioner Vs.

1.The Secretary, Thiru. Vi.Ka. Higher Secondary School, No.38/39, First Main Road (West), Shenoy Nagar, Chennai - 600 030.

2.The Director of School Education, (Higher Secondary), College Road, Chennai - 600 006.

3.The Chief Educational Officer, Egmore, Chennai - 600 008.

4.The District Educational Officer, Chennai (West), Chennai - 600 006.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to draw and disburse the retirement benefits to the Petitioner based on the superannuation dated 31.05.2018 along with interest @ 12% per annum within a limited time frame.

For Petitioner :

Mr.K.Venkatramani Standing Counsel for Mr.M.Muthappan For Respondents :

Mr.C.Munusamy Special Government Pleader

O R D E R

The prayer sought for in the Writ Petition is to direct the respondents herein to draw and disburse the retirement benefits to the petitioner based on the superannuation dated 31.05.2018 along with interest @ 12% per annum within a limited time frame.

2.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the petitioner is that the petitioner was appointed as teacher in the first respondent School. While so in service, a charge memo was issued against the petitioner and the said charge memo was challenged by the petitioner before this Court in W.P.No.18490 of 2016 and subsequently the petitioner was allowed to retire from service. Even thereafter, the petitioner was not paid the GPF including the pension. For which the petitioner made a representation dated 04.06.2018 to the first respondent and various reminders dated 23.06.2018, 25.07.2018. On 21.08.2019 the petitioner submitted necessary documents including her ID proofs and Bank details based on a call received from the first respondent office. However, till date the representation of the petitioner was not considered. For which the petitioner has come out with the present Writ Petition.

4.The learned counsel for the petitioner would submit that it would be suffice to issue direction to the first respondent to consider the representations of the petitioner dated 04.06.2018 and pass orders on the same.

5.The learned Special Government Pleader appearing for the respondents would concede the request made by the learned counsel for the petitioner.

6.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 first respondent to consider the representation of the petitioner dated 04.06.2018 and pass orders on the same in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Secretary, Thiru. Vi.Ka. Higher Secondary School, No.38/39, First Main Road (West), Shenoy Nagar, Chennai - 600 030.

2.The Director of School Education, (Higher Secondary), College Road, Chennai - 600 006.

3.The Chief Educational Officer, Egmore, Chennai - 600 008.

4.The District Educational Officer, Chennai (West), Chennai - 600 006.

+1 cc to M/s.M.Muthappan,Advocate Sr.No. 79790 +1 cc to The Government Pleader Sr.No.79695 AKM/18.11.19/3P-7C / W.P.No.27388 of 2019