V.Chandrahasan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:04.02.2016
CORAM
THE HON'BLE MR.JUSTICE T.RAJA W.P.No.4289 of 2016 V.Chandrahasan .. Petitioner vs
1. The Secretary to Government Higher Education Department Fort St.George, Chennai-9.
2. The Directorate of College Education rep.by its Director College Road, Chennai-6.
3. The Joint Director of College Education Trichy.
4. The Principal Government Arts College for Men Kumbakonam .. Respondents Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the period from 13.06.2006 to 13.06.2009, during the period in which the petitioner has worked as College Librarian in the fourth respondent college on deputation, as regular period of service as College Librarian, fix the salary of the petitioner in the cadre of College Librarian, sanction and draw the scale of pay for the said period with effect on pension and pass orders in the light of the representation made by the petitioner dated 12.02.2015, within a reasonable time.
For Petitioner : Mr.K.Venkataramani Senior Counsel for Mr.M.Muthappan For Respondents : Mr.P.Chinnadurai Government Advocate
O R D E R
The petitioner, V.Chandrahasan, who retired from service on 30.06.2009 on attaining the age of superannuation, has come up before this Court seeking a writ of mandamus directing the respondents to consider the period from 13.06.2006 to 13.06.2009, during which period the petitioner has worked as College Librarian in the fourth respondent college on deputation, as regular period of service as College Librarian, fix the salary in the cadre of College Librarian, sanction and draw the scale of pay for the said period with effect on pension and pass orders in the light of the representation made by him dated 12.02.2015 within a reasonable time.
2.
Mr.K.Venkataramani, learned Senior Counsel appearing for the petitioner would submit that the petitioner was initially appointed as a Gang Mazdoor in the Highways Department and after completion of the District Office Manual Account Test in the year 1992, which is one of the essential qualification for subordinate services, was given posting in the Revenue Department as Special Revenue Inspector. Subsequently, he was given reappointment as Junior Assistant in the Collegiate Education. Thereafter, the petitioner was deputed to the post of Librarian in the Government College, Kumbakonam vide proceedings of the second respondent dated 27.04.2006 and he joined the duty as Librarian on 14.06.2006.
According to the petitioner he served in the fourth respondent college and subsequently retired from service on attaining the age of superannuation on 30.06.2009. Therefore, the only grievance of the petitioner is that though the petitioner served as a Librarian in the fourth respondent college between 14.06.2006 and 30.06.2009, the respondents have not taken into consideration the said period of three years for calculating pension and other benefits. Therefore, he sent a representation dated 12.02.2015 to the respondents to consider the same. But till date no order has been passed by the respondents. Hence the present writ petition.
3.
Heard Mr.P.Chinnadurai, learned Government Advocate, who took notice on behalf of the respondent.
4. Considering the limited prayer sought for by the petitioner to dispose of his representation dated 12.02.2015 and also taking into account the fact that the same is pending for the past one year, the first respondent is directed to dispose of the same within a
period of eight weeks from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. No costs.
Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar vj2 To
1. The Secretary to Government Higher Education Department Fort St.George, Chennai-9.
2. The Director Directorate of College Education College Road, Chennai-6.
3. The Joint Director of College Education Trichy.
4. The Principal Government Arts College for Men Kumbakonam 1 cc to M/s.M. Muthappan, Advocate, Sr. 7374 1 cc to Government Pleader, Sr. 7960 W.P.No.4289 of 2016 MP (CO) kk 17/2