Madras High CourtWP(MD)/13986/2019disposed of

S.Raphael v. The District Elementary

2019-06-21Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.13986 of 2019 S.Raphael ... Petitioner Vs.

1.The District Elementary Education Officer, Pudukkottai District, Pudukkottai.

2.The Assistant Education Officer, Ponnamaravathi, Pudukkottai District.

3.The Head Master, Panchayat Union Middle School, Oliyamangalam, Palakurichi Via, Pudukkottai District.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to dispose of the representation of the petitioner, dated 02.05.2016, within a time frame to be fixed by this Court.

For Petitioner : Mr.R.Vijayakumar For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the first respondent to dispose of the representation of the petitioner, dated 02.05.2016, within a time frame to be fixed by this Court.

2.Mrs.S.Srimathy, learned Special Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the petitioner, he was appointed as Craft Teacher in the year 1997. While he was working in the third respondent School, he attained the age of superannuation on 30.06.2011 and his services were extended from 01.07.2011 to 31.05.2012, i.e., for the academic year 2011-2012 and he was permitted to retire from service on 31.05.2012. The terminal

benefits payable to him were disbursed belatedly and therefore, he is entitled to interest towards the belated payment. Hence, the petitioner sent a representation dated 29.12.2015 to the second respondent and on 02.05.2016 to the first respondent. The said representations were not considered by the respondents, hence, the present Writ Petition.

4.The learned Special Government Pleader appearing for the respondents submitted that the first respondent would consider and pass appropriate orders on the petitioner's representation as per the relevant Act and Rules, within a time frame to be fixed by this Court.

5.Recording the above said submission made by the learned Special Government Pleader appearing for the respondents, without going into the merits of the case, this Court directs the first respondent to consider the petitioner's representation dated 02.05.2016 and pass appropriate orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

6.This Writ Petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // Sub Assistant Registrar(CS) To 1.The District Elementary Education Officer, Pudukkottai District, Pudukkottai.

2.The Assistant Education Officer, Ponnamaravathi, Pudukkottai District.

3.The Head Master, Panchayat Union Middle School, Oliyamangalam, Palakurichi Via, Pudukkottai District.

+1 CC to M/s.R.VIJAYAKUMAR, Advocate ( SR-70551[F] dated 21/06/2019 ) +1 CC to M/s.SPL GP ( SR-70965[F] dated 24/06/2019 ) SMN2 W.P.(MD)No.13986 of 2019 21.09.2019 KM/(04.07.2019) 3P 6C