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Madras High CourtWP(MD)/1420/2023disposed of

Syed Ayeeshaal .A v. The Commissioner Of School Education

2023-01-25Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Syed Ayeeshaal ... Petitioner Vs.

1.The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Sivagangai, Sivagangai District - 630 562.

3.The District Educational Officer, Sivagangai, Sivagangai District - 630 562.

4.Illaiyankudi Aided Higher Secondary School, Represented by its Correspondent, Illaiyankudi, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 24.06.2022 for including the 1/5

period of service rendered by the petitioner as P.G.Assistant in Tamil from 05.08.1979 to 24.10.1981 for all service and monetary benefits including pension within a stipulated time that may be fixed by this Court. For Petitioner : Mr.S.C.Herold Singh For R-1 to R-3 : Mr.T.Amjadkhan, Government Advocate.

ORDER

This Writ Petition is filed for Mandamus directing the respondents to consider the representation of the petitioner dated 24.06.2022 for including the period of service rendered by the petitioner as P.G.Assistant in Tamil from 05.08.1979 to 24.10.1981 for all service and monetary benefits including pension.

2. The learned counsel appearing for the petitioner submitted that the respondents may be directed to consider the case of the petitioner and grant relaxation in accordance to G.O.Ms.No.150, School Education Department dated 13.10.2014.

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3. The learned Government Advocate appearing for the official respondents submitted that the petitioner has approached this Court seeking benefits belatedly. Therefore, the claim of the petitioner cannot be entertained.

4. This Court without expressing any opinion on merits including the issue of belated claim, is simply directing the respondents to consider the case in the light of the aforesaid Government Order and also the issue of belated claim and pass orders within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

25.01.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr 3/5

To 1.The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Sivagangai, Sivagangai District - 630 562.

3.The District Educational Officer, Sivagangai, Sivagangai District - 630 562.

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S.SRIMATHY, J.

Nsr 25.01.2023 5/5