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Madras High CourtWP/26171/2017disposed of

D. Sundaranathan, v. The Commissioner & Secretary

2022-03-17Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 26171 of 2017 and W.M.P. No. 27845 of 2017 D.Sundaranathan

...Petitioner

-vs1. The Commissioner and Secretary, Education Department, Secretariat, Chennai - 600 009.

2. The Director of School Education, College Road, Nungambakkam, Chennai - 600 006.

3. The Chief Educational Officer, Vellore District.

4. The District Educational Officer, Tirupattur, Vellore District.

5. Office of the Accountant General (Accounts & Entitlements) Tamil Nadu, Rep. by its Accounts Officer, No. 361, Anna Salai, Chennai - 600 018.

...Respondents

Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to pay Petitioner Special Grade Primary School Headmaster's revised pension arrears of pay scale with effect from 01.11.1989 and revised pension to the Petitioner based on the Petitioner's representation dated 06.06.2016 and Counsel notice dated 03.08.2017 to the Respondents.

For Petitioner :

Mr. P.Anand for Mr. K.R.A.Muthukrishnan For Respondents:

Mrs. C.Sangamithirai, Special Government Pleader (for R1 to R4) Mr. V.Murali (for R5)

O R D E R

Heard Mr. P.Anand, Learned Counsel appearing for the Petitioner, Mrs. C.Sangamithirai, Learned Special Government Pleader appearing for the First to Fourth Respondents and Mr. V.Murali, Learned Counsel for the Fifth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for directing the Respondents to pay revised pension arrears pay scale payable to the Special Grade Primary School Headmaster to the Petitioner with effect from 01.11.1989 and revised pension to the Petitioner based on the his representation dated 06.06.2016 and the notice dated 03.08.2017 sent by his Counsel to the Respondents.

3.

It has been brought to notice that after the filing of the Writ Petition, the Fifth Respondent by Order No. D25/2/REV/12523681/PPG NO/C 197614/221 dated 15.02.2022 has informed that the Petitioner has been granted his eligible terminal benefits and its copy has been placed on record. It shall be ensured that the arrears of pension (after permissible deductions) is paid to the Petitioner by 31.05.2022, apart from the revised amount of monthly pension on the due dates for future months. It is made clear that if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law. In fine, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar vjt To

1. The Commissioner and Secretary, Education Department, Secretariat, Chennai - 600 009.

2. The Director of School Education, College Road, Nungambakkam, Chennai - 600 006.

3. The Chief Educational Officer, Vellore District.

4. The District Educational Officer, Tirupattur, Vellore District.

5. The Accounts Officer, Office of the Accountant General (Accounts & Entitlements) Tamil Nadu, No. 361, Anna Salai, Chennai - 600 018.

+1cc to Mr.K.R.A.Muthukirushnan, Advocate SR. No.18038 +1cc to Mr.S.Ravi, Advocate SR. No. 18509 +1cc to Government Pleader SR. No.18592 W.P. No. 26171 of 2017 PL (CO) PR (13/04/2022)