R. Mala, v. The Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2015 Coram THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD).No.10159 of 2015 R.Mala :Petitioner vs.

1.The Director of School Education, DPI Compound, College Road, Chennai - 06.

2.The District Education Officer, Cheran Mahadevi Thirunelveli District.

3.The Head Master, Government Higher Secondary School, Thalapathy Samuthiram, Nanguneri Taluk, Thirunelveli District.

4.The Accountant General, Anna Salai, Chennai-8 : Respondents *(R4 impleaded vide order dated 26.06.2015) Prayer: Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, directing the 3rd respondent to give the recommendation to the 1st and 2nd respondents for the entitle to get the family pension to the petitioner, on the basis of the petitioner's representation, dated 17.02.2015. For Petitioner :Mr.A.Rajaram For Respondents :Mr.V.Muruganandam, AGP (R1 to R3) For Respondent-4 :Mr.P.Gunasekaran

O R D E R

The prayer in the Writ Petition is a Writ of Mandamus, praying to direct the 3rd respondent to give the recommendation to the 1st and 2nd respondents for the entitle to get the family pension to the petitioner, on the basis of the petitioner's representation, dated 17.02.2015.

2.By consent of both parties, the writ petition itself is taken up for final disposal.

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3.The learned Counsel appearing on behalf of the petitioner submitted that it would suffice if the representation of the petitioner is disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court. 4.In view of the limited scope of the prayer, without expressing any opinion on the merits of the issue involved, the 3rd respondent is directed to dispose of the representation of the petitioner, dated 17.02.2015, if not already disposed of, and pass appropriate orders on the same and in accordance with law, within a period of two months from the date of receipt of a copy of this order, after affording the petitioner an opportunity of being heard. If on a specified date the petitioner does not appear for personal hearing, orders may be passed in accordance with law based on the available records, after recording the absence of the Party/Parties. The persons, who are likely to be affected are also to be heard before any final decision is to be taken. 5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar MPK To 1.The Director of School Education, DPI Compound, College Road, Chennai - 06.

2.The District Education Officer, Cheran Mahadevi, Thirunelveli District.

3.The Head Master, Government Higher Secondary School, Thalapathy Samuthiram, Nanguneri Taluk, Thirunelveli District.

4.The Accountant General, Anna Salai, Chennai-8 +2cc to MR.A.Rajaram,Advocate in SR Nos.34744 & 34470 +1cc to Special Government Pleader in Sr NO.34370 W.P.(MD).No.10159 of 2015 26.06.2015 RG.24.07.2015 2P.8C.

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