Madras High CourtWP(MD)/11046/2019disposed of

S.A.Jebaraj Rajanayagam v. Govt. Of Tamilnadu,

2019-04-30Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.11046 of 2019 1.S.A. Jebaraj Rajanayagam 2.S. Velayutham 3.J. Rose Mary 4.P. Mary Stella 5.A.Amalorpavam 6.Y.Josephine Mary 7.K. Ramasamy ... Petitioners Vs.

1.Government of Tamil Nadu, rep. by Principal Secretary to Government, School Education, Secretariat, Chennai - 600 009.

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

3.The Chief Educational Officer, Nagercoil, Kanniyakumari District.

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

5.The Chief Educational Officer, Trichy, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to consider the claim of the petitioners for granting the benefits of G.O.Ms.216 Finance (PC) Department, dated 22.03.1993 as modified in G.O.Ms.No.90 School Education (SE 3(1) Departmnet dated 09.05.2018 to the pensioner with effect from 01.03.2017 in the light of their representation dated 01.06.2018. For Petitioners : Mr. G. Punniyakotti For Respondents : Mrs. S. Srimathy Special Government Pleader

ORDER

This writ petition has been filed seeking a direction to the first respondent to consider the representations of the petitioners dated 01.06.2018 and grant the benefits of G.O.Ms.216 Finance (PC) Department, dated 22.03.1993 as modified in G.O.Ms.No.90, School Education [SE 3(1)] Department, dated 09.05.2018 extended to the pensioners with effect from 01.03.2017, in the light of the Full Bench Judgment of this Court dated 09.12.2016 passed in Review Aplns. No.227 of 2015 etc. batch of cases.

2. Heard Mr.G.Punniyakotti, learned counsel for the petitioners and Mrs.S. Srimathy, learned Special Government Pleader, who takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself.

3. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without expressing any opinion on the merits of the case, directs the first respondent to consider the representations of the petitioners, dated 01.06.2018, in the light of the Full Bench Judgment of this Court dated 09.12.2016 passed in Review Aplns. No.227 of 2015 etc. and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioners.

4. With the above direction, the writ petition is disposed of. No costs.

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

1. Principal Secretary to Government, School Education, Secretariat, Chennai - 600 009.

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

3.The Chief Educational Officer, Nagercoil, Kanniyakumari District.

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

5.The Chief Educational Officer, Trichy, Trichy District.

+1 CC to M/s.G.PUNNIA KOTI, Advocate ( SR-64809[F] dated 02/05/2019 ) +1 CC to M/s.SPL GP ( SR-64903[F] dated 02/05/2019 ) trp/rk W.P(MD)No.11046 of 2019 30.04.2019 KM/(24.05.2019) 5P 8C