J.Vijayalakshmi v. The Director Of School Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI J.Vijayalakshmi ... Petitioner -vs1.The Director of School Education School Education Department 17 College Road, Nungambakkam, Chennai 600 008.
2.The Chief Educational Officer, Chief Educational Officer, Multi Officers Block Theni.
3.The District Educational Officer, District Educational Office, Government Higher Secondary School Block Allinagaram Theni.
4.The Block Development Officer Block Educational Office, Pangalamedu Theni.
... Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to dispose the petitioner's representation dated 13.01.2020 and the petitioner name from changing into old pension scheme to new pension scheme (CPS) without following any due process of law within the time limit that may be stipulated by this Court.
For Petitioner :
Mr.D.Selvanayagam For Respondents :
Mr.S.Shaji Bino Special Government Pleader
O R D E R
This writ petition has been filed for a mandamus to direct the respondents to dispose the petitioner's representation dated 13.01.2020 and the petitioner name from changing into old pension scheme to new pension scheme (CPS) without following any due process of law
2. The learned counsel for the petitioner would submit that the petitioner made a representation on 13.01.2020 to change the petitioner's name in the old pension scheme from new pension scheme. Since the same
was not considered, the petitioner is before this Court with this writ petition.
3. The learned Special Government Pleader, by relying upon the counter affidavit, would submit that the appointment of the petitioner was not made during the crucial period ie., between 11.07.1995 and 19.05.1998 and the appointment is only on 19.12.2002 and hence the benefit of G.O.Ms.No.155 dated 03.10.2002 will not be applicable to the petitioner and the benefits could not be granted to him. As per G.O.Ms.No.439, Finance (PGC) Department dated 06.08.2004, those who have been appointed on or before 01.04.2003 are alone governed under the old pension scheme. However, the petitioner has completed his Child Psychology training only on 10.04.2004 and hence, the respondents rightly placed the petitioner under the new pension scheme. However, as special circumstances, those who are all governed under G.O.Ms.No.155 had also been extended the benefit of old pension scheme.
4. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.
5. Though the respondents filed a counter stating that the petitioner is not entitled to the relief sought for, without expressing any opinion with regard to the claim made by the petitioner, this writ petition is disposed of with a direction to the respondents to dispose of the representation made by the petitioner on 13.01.2020, on merits and in accordance with law, and pass an order within a period of four weeks from the date of receipt of a copy of this order. No costs 07.12.2022 Index : Yes Internet : Yes/No RR
To 1.The Director of School Education School Education Department 17 College Road, Nungambakkam, Chennai 600 008.
2.The Chief Educational Officer, Chief Educational Officer, Multi Officers Block Theni.
3.The District Educational Officer, District Educational Office, Government Higher Secondary School Block Allinagaram Theni.
4.The Block Development Officer Block Educational Office, Pangalamedu Theni.
M.DHANDAPANI, J.
RR 07.12.2022