Madras High CourtWP/30857/2019disposed of

S.Getzie Annal v. The State Of Tamilnadu

2019-10-31Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :31.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 30857 of 2019 Tmt.S.Getzie Annal, M.A, B.Ed., ..Petitioner vs 1.The State of Tamilnadu Rep by its Secretary, Education Department, Secretariat, Chennai - 9.

2.The Director of School Education, College Road, Chennai - 6.

3.The Chief Educational Officer, Ariyalur.

4.The District Educational Officer, Udayarpalayam Post and Taluk, Ariyalur District.

5.The Correspondent St Philominal Higher Secondary School, Kulumur, Senthurai Taluk.

Ariyalur District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct 1st and 2nd respondents to count the past service of the petitioner from 21.08.1997 to 10.07.2002 as Secondary Grade Teacher in the St Philominal Higher Secondary School, Kulumur, Senthurai Taluk and 11.07.2002 to 27.03.2003 as Middle Grade Graduate Teacher in the St. Xavier Middle School, Sempodai, for the purpose pension in the light of the order passed in the State of Tamilnadu and others Vs. Pallivasal Primary School reported in 2004 (2) LW 591.

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For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.C.Munusamy Special Government Pleader

O R D E R

The prayer sought for in this Writ Petition is to direct 1st and 2nd respondents to count the past service of the petitioner from 21.08.1997 to 10.07.2002 as Secondary Grade Teacher in the St Philominal Higher Secondary School, Kulumur, Senthurai Taluk and 11.07.2002 to 27.03.2003 as Middle Grade Graduate Teacher in the St. Xavier Middle School, Sempodai, for the purpose pension in the light of the order passed in the State of Tamilnadu and others Vs. Pallivasal Primary School reported in 2004 (2) LW 591.

2. It is the case of the petitioner that she was appointed as Secondary Secondary Grade Teacher in the year 1997 as against the permanent vacancy to teach 6th to 8th standards. The petitioner is due to retire from service on 12.12.2020. Therefore, the petitioner made a representation on 04.12.2018 to the respondents to consider her past service rendered as Secondary Grade Teacher and Middle Grade Graduate Teacher for the purpose of pension. However, the said representation was not considered. Therefore, the present Writ Petition has been filed.

3. The learned counsel appearing for the petitioner would submit that it would be suffice to issue direction to the respondents to consider and dispose of the representation dated 04.12.2018 in accordance with law.

4. 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 dated 04.12.2018, if not disposed already within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar 2/3

kan To 1.The Secretary, Education Department, Secretariat, Chennai - 9.