Madras High CourtWP(MD)/8464/2019disposed of

T.Susila, v. The Acccountant General(A&E)

2019-04-09Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.8464 of 2019 T.Susila ... Petitioner Vs.

1.The Accountant General (A & E), No.361, Anna Salai, Chennai - 18.

2.The District Educational Officer, Palani - 624 601, 3.The Secretary, Srinivasan Memorial Girls Higher Secondary School, Chathirapatti - 624 614, Oddanchathiram Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the third respondent herein to forward the pension proposals of the petitioner to the respondents 1 and 2 herein within a time frame fixed by this Court.

For Petitioner :

Mr.N.Damodaran For R - 1 :

Mr.P.Gunasekaran For R - 2 :

Mrs.S.Srimathy, Special Government Pleader.

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the third respondent to forward the pension proposals of the petitioner to the respondents 1 and 2 within a time frame fixed by this Court.

2.Heard Mr.N.Damodaran, learned counsel appearing for the petitioner; Mr.P.Gunasekaran, learned counsel, who takes notice for the first respondent and Mrs.S.Srimathy, learned Special Government Pleader, who takes notice for the second respondent. In view of the limited order being passed, notice to the third respondent is dispensed with.

3.The grievance of the petitioner is that though she retired from service as a Headmistress on 31.12.2018 from the third respondent School and handed over all the records to the in-charge Headmistress, Relieving Order was issued by the third respondent only on 25.03.2019. Further, till date, the pension proposal has not been forwarded by the third respondent. Hence, the petitioner sent a representation to the third respondent on 09.03.2019. Since the same has not been considered so far, the petitioner is before this Court.

4.The learned counsel appearing for the first respondent and the learned Special Government Pleader appearing for the second respondent submitted that if the proposal is submitted by the third respondent, the respondents 1 and 2 are ready to consider the same in accordance with law.

5.In view of the above, this Court, without going into the merits of the case, directs the third respondent to forward the pension proposal of the petitioner to the respondents 1 and 2 within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondents 1 and 2 shall consider the same and pass appropriate orders, on merits and in accordance with law, within a period of four weeks thereafter. 6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) ps To 1.The Accountant General (A & E), No.361, Anna Salai, Chennai - 18.

2.The District Educational Officer, Palani - 624 601,

3.The Secretary, Srinivasan Memorial Girls Higher Secondary School, Chathirapatti - 624 614, Oddanchathiram Taluk, +1CC TO MR.R.VIJAYA KUMAR, Advocate Sr. No.60024 +1CC TO MR.N.DAMODARAN, Advocate Sr. No.59870 +1CC TO MR.P.GUNASEKARAN, Advocate Sr. No.60260 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.60240 W.P(MD)No.8464 of 2019 09.04.2019 SCR(CO) TR (02.05.2019) 3P 8C