Bro.M.Arul v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Bro.M.Arul .. Petitioner Vs.

1.State rep. by its Secretary to Government, School Education Department, Secretariat, Fort. St. George, Chennai - 600 009.

2.The Director, Directorate of School Education, DPI Complex College Road, Nungambakkam, Chennai.

3.The Chief Educational Officer, Ooty - 643 001, Nilgiris District.

4.The District Educational Officer, Ooty - 643 001, Nilgiris District.

5.The Sub-Treasury Officer, Ooty - 643 001, Nilgiris District.

6.The Headmaster & Correspondent, St.Antony's Higher Secondary School, Coonoor - 641 101, Nilgiris District.

.. Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 11.07.2024 to provide pension and other retirement benefits to the petitioner based on the proposal i.e., Combined Application Form for General Provident Fund Final Closure And Pension dated 11.07.2022 forwarded by the 6th respondent to the 4th respondent.

For Petitioner :

Mr.Duraisamy for Mr.V.Elangovan For RR 1 to 5 :

Mrs.S.Mythreye Chandru Special Government Pleader For R6 :

Ms.A.Arulmary for Fr.Xavier Associates

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 11.07.2024, wherein the petitioner has sought for the retirement benefits and for payment of pension for which necessary papers have already been forwarded to the 4th respondent by the 6th respondent.

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2.Heard the learned counsel for the petitioner, learned Special Government Pleader for respondents 1 to 5 and the learned counsel for the 6th respondent.

3.The case of the petitioner is that he was appointed as a BT Assistant in Little Flower Matriculation Higher Secondary School, Teresapuram, in the year 1991. The petitioner attained superannuation on 31.03.2020 and he retired from service. Thereafter, the 6th respondent sent an application form for sanctioning the GPF and pension of the petitioner to the District Educational Officer, Coonoor. The District Educational Officer, Coonoor was merged with the 4th respondent and therefore, the proposal that was forwarded by the 6th respondent is pending before the 4th respondent. Since no action was taken, the petitioner made a representation on 11.07.2024. Since, the same did not evoke any response, the present writ petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to 3/6

the 4th respondent to deal with the representation made by the petitioner on 11.07.2024 along with the application that has been forwarded by the 6th respondent on 11.07.2022 and take a decision on its own merits and in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order. If the 4th respondent requires any clarification, it is left open to the 4th respondent to call the petitioner and 6th respondent and seek for the clarification. 5.The petitioner is directed to make a fresh representation to the 4th respondent along with all the relevant documents and also a copy of this order. A copy of the same shall also be marked to the 6th respondent. 6.In the result, this Writ Petition is disposed of with the above directions. No costs.

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To 1.State rep. by its Secretary to Government, School Education Department, Secretariat, Fort. St. George, Chennai - 600 009.

2.The Director, Directorate of School Education, DPI Complex College Road, Nungambakkam, Chennai.

3.The Chief Educational Officer, Ooty - 643 001, Nilgiris District.

4.The District Educational Officer, Ooty - 643 001, Nilgiris District.

5.The Sub-Treasury Officer, Ooty - 643 001, Nilgiris District.

6.The Headmaster & Correspondent, St.Antony's Higher Secondary School, Coonoor - 641 101, Nilgiris District.

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N.ANAND VENKATESH, J.

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