Madras High CourtWP(MD)/11826/2018disposed of

Sundaravadanam, v. The State Of Tamilnadu

2018-06-01Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD).No.11826 of 2018 and W.M.P.(MD)No.10762 of 2018 Sundaravadanam

...Petitioner

Vs.

1.The State of Tamil Nadu, Represented by its Secretary to Government, Education Department, Secretariat, Chennai - 9.

2.The District Educational Officer, Thanjore District. 3.The School Committee, Uma Mahaeshwara Higher Secondary School, Thanjore.

4.The Chief Educational Officer, Thanjore. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to treat the petitioner's request as one that of voluntary retirement and direct the respondent to pay all the monetary benefits as done in favour of one Mrs.Lilly Grace Rajammal by way of a Government Order in G.O.(D2)No.10, School Education (D2) Debt, dated 03.11.2009.

For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.V.R.Shanmuganathan Special Government Pleader

ORDER

Mr.V.R.Shanmuganathan, learned Special Government Pleader takes notice for the respondents

2. By consent, the writ petition itself is taken up for final hearing.

3. The petitioner has filed the present writ petition for a direction to the respondents to consider his request for voluntary retirement and to pay all the monetary benefits as done in favour https://hcservices.ecourts.gov.in/hcservices/

of one Mrs.Lilly Grace Rajammal by way of a Government Order in G.O.(D2)No.10, School Education (D2) Debt, dated 03.11.2009. 4.It is the case of the petitioner that though he retired from service, subsequently, as the other persons were considered for voluntary retirement, he has given a representation on 22.05.2018 to the second respondent, the District Educational Officer, Thanjavure District to consider his request for voluntary retirement. Since the said representation has not been considered so far, the petitioner has filed the present writ petition for the relief stated therein.

5.The learned Special Government Pleader appearing for the respondents would submit that the respondents will consider the representation of the petitioner on merits and in accordance with law.

6.Considering the facts and circumstances of the case and also considered the submission made by the learned Special Government Pleader, the second respondent is directed to consider the petitioner's representations, dated 22.05.2018, on merits and in accordance with law and pass appropriate orders, after giving personal opportunity of hearing to the petitioner, in the light of G.O.(D2)No.10, School Education (D2) Debt, dated 03.11.2009, within a period of two weeks from the date of receipt of a copy of this order.

7.The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/ Vacation officer/ Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Government of Tamil Nadu, Education Department, Secretariat, Chennai - 9.

2.The District Educational Officer, Thanjore District. 3.The School Committee, Uma Mahaeshwara Higher Secondary School, Thanjore. 4.The Chief Educational Officer, Thanjore.

+1cc to Mr.D.SELVANAYAGAM, Advocate, SR.No.66504 +1cc to M/s.Special Government Pleader,SR.No. 66529 W.P.(MD).No.11826 of 2018 01.06.2018 ls/rj2 KK/SV MMS/SAR-4/08.06.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/