Parameswari, v. The District Elementary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2017
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD) No.14420 of 2014 Parameswari
...Petitioner
Vs.
1. The District Elementary Educational Officer, Tuticorin.
2. The Assistant Elementary Educational Officer, Pudur, Vilathikulam Taluk, Tuticorin District.
...Respondents
PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the second respondent to trace out the petitioner's Service Register at once.
For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.V.Muruganantham Additional Government Pleader ***
O R D E R
This writ petition has been filed to direct the second respondent to trace out the petitioner's Service Register at once.
2.The learned counsel for the petitioner would submit that the petitioner was working as Adult Education Supervisor in the office of the State Adult Education Programme, Tiruppathur from 26.03.1985 and she was absorbed for the post of Secondary Grade Teacher on 31.10.1989 vide the proceedings of the District Educational Officer, Sivagangai in Na.Ka.No.17220/A2/89 dated 30.10.1989. After her absorption, she was posted as Secondary Grade Teacher at Panchayat Union Elementary School, Mahasivanenthal, Sivagangai District, and her service was regularized vide proceedings in Na.Ka.No.12302/A2/91 dated 02.12.1991 passed by the District Educational Officer, Sivagangai. She was transferred from the Panchayat Union Elementary School Mahasivanandal to Kela Arunachalapuram, Pudur
Panchayat Union at her request by the proceedings of the first respondent dated 21.07.1995. She was promoted as Headmistress in the above school on 30.06.1997 and retired from service on 31.12.2008 on attaining the age of superannuation and as per the rules her service was extended till the academic year, which ends on 31.05.2009.
3.The learned counsel for the petitioner would further submit that the petitioner has drawn the pension amount from the Vilathikulam Treasury Office and since her service as supervisor from 26.03.1985 to 21.08.1989, was not considered for her retirement benefits including pension, the writ petition has been filed in W.P.(MD) No.1890 of 2013 and the same is pending before this Court. While making representation she came to know that the second respondent has misplaced her Service Register Book and he failed to make proper reply. Hence, she sought the details through RTI Act and it was informed that she received the Service Register Book on 03.08.2010 and thereafter, it was misplaced. The learned counsel for the petitioner would further submit that the petitioner has received the service register book on 03.08.
2010 and the same was returned on 10.08.2010 to the second respondent and then only the arrear amount of Rs.1,09,649/- was secured on her account. Since the respondent is not releasing her pension retirement benefits and not taking steps to trace the Service Register Book to secure the pension, she filed this writ petition. 4.
In view of the limited prayer sought for by the petitioner, this writ petition is disposed of with the following direction: The second respondent / The Assistant Elementary Educational Officer, Pudur, Vilathikulam Taluk, Tuticorin District, is directed to place the Service Register Book of the petitioner preferably within a period of 3 months from the date of receipt of a copy of this order and when the Service Register book is traced out, inform the same to the petitioner herein, so that the petitioner would be able to pursue the remedies available.
No costs.
Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To
1. The District Elementary Educational Officer, Tuticorin.
2. The Assistant Elementary Educational Officer, Pudur, Vilathikulam Taluk, Tuticorin District.
+ 1 cc TO Mr.P.Ganapathi Subramanian , Advocate in SR No. 94726 + 1 cc TO The Special Government Pleader in SR No. 94316 mm AE/KKR/SAR1/27.03.2018/3P/5C W.P.(MD) No.14420 of 2014 20.12.2017