← Library
Madras High CourtWP/33950/2019disposed of

N.Chandrasekaran v. The State Of Tamilnadu

2019-12-05Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2019 CORAM :

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH W.P.No.33950 of 2019 N.Chandrasekaran ..Petitioner Vs.

1.The State of Tamil Nadu rep. by the Secretary to Government, Finance (Pay Cell) Department, Fort St.George, Chennai-9.

2.The State of Tamilnadu, Rep. by the Secretary to Government, Education Department, Fort St.George, Chennai-9.

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

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

5.The District Education Officer, Edapadi, Salem District. ..Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to extend the benefit of G.O.Ms.No.216,Finance (PC) Department dated 22.03.1993 and G.O.Ms.No.270, Finance (PC) Department dated 26.08.2010 in the light of the orders of the Hon'ble Division Bench in W.P.No.8747 of 2009 dated 14.07.2009 confirmed by the Hon'ble Apex Court in C.C.No.2746 of 2010 dated 23.04.2010 and in W.P.No.12534 of 2012 dated 27.04.2012 immediately to the petitioner.

For Petitioner : Mr.V.Elangovan For Respondents : Mrs.K.Bhuvaneswari, for R1 Additional Government Pleader Mrs.V.Annalakshmi, for RR2 to 5.

Government Advocate

O R D E R

Mrs.K.Bhuvaneswari, learned Additional Government Pleader takes notice for the first respondent and Mrs.V.Annalakshmi, learned Government Advocate, takes notice for respondents 2 to 5.

2.By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 3.This writ petition has been filed seeking for a Writ of Mandamus directing the respondents to extend certain benefits claimed by the petitioner by virtue of some Government Orders and the orders passed by this Court and confirmed by the Apex Court.

4.It is seen from records that the petitioner was appointed to the post of Secondary Grade Teacher in the year 1971 and he went into the Selection Grade after the completion of ten years of service and thereafter to the Special Grade after the completion of twenty years of service. Thereafter, the petitioner gave a voluntary retirement and he retired from service with effect from 30.04.2005.

5.According to the petitioner, he is entitled for certain benefits based on certain Government Orders in the light of orders passed by this Court and confirmed by the Apex Court. Therefore, the petitioner made a representation to the respondents on 14.08.2019 and sought for extending the benefits to the petitioner. Since the representation was not considered, the present writ petition has been filed seeking for appropriate directions.

6.Heard Mr.V.Elangovan, learned counsel appearing for the petitioner, Mrs.K.Bhuvaneswari, learned Additional Government Pleader, appearing on behalf of first respondent and Mrs.V.Annalakshmi, learned Government Advocate, appearing on behalf of respondents 2 to 5.

7.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the third respondent to consider the representation dated 14.08.2019 made by the petitioner and pass appropriate orders strictly in accordance with law within a period of twelve weeks from the date of receipt of copy of this order. The petitioner is

directed to submit a representation along with a copy of the representation dated 14.08.2019 and also a copy of this order to the third respondent.

8.With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar rm To 1.The Secretary to Government, State of Tamil Nadu, Finance (Pay Cell) Department, Fort St.George, Chennai-9.

2. The Secretary to Government, State of Tamilnadu, Education Department, Fort St.George, Chennai-9.

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

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

5.The District Education Officer, Edapadi, Salem District.

+1cc to Mr.S.Doraisamy, Advocate, S.R.No. 101679 +1cc to the Government Pleader, S.R.No. 102931 W.P.No.33950 of 2019 SVI(CO) GN(08/01/2020)