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Madras High CourtWP(MD)/9438/2024disposed of

Kumar. Nc v. The Secretary

2024-04-17Honourable Ms Justice R.N.Manjula7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.9438 of 2024 & W.M.P.(MD)No.8564 of 2024 N.C.Kumar ... Petitioner vs.

1.The Secretary, Department of School Education, Fort. St.George, Chennai - 600 009.

2.The State Commissionerate for Welfare of the Differently Abled, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai - 600 005.

3.The Director of School Education, 17, College Road, Subba Road Avenue, Nungambakkam, Chennai - 600 008.

4.The Chief Educational Officer, O/o. The Chief Educational Officer, ICI, Govt. Boys Higher Secondary School Compound, 1/7

5.The District Educational Officer, Officer of the District Educational Officer Madurai Road, 6.The Finance Control Officer, Directorate of School Education, 17, College Road, Subba Road Avenue, Nungambakkam, Chennai, Tamil Nadu - 600 008.

7.The Headmaster, Government Higher Secondary School, Neduvayal - Achanputhur, Tenkasi - 627 803. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 4 and 5 to continuously disburse the conveyance allowance payable to the petitioner by the virtue of G.O.Ms.No.204 dated 30.06.2017 by considering the petitioner's representation dated 22.01.2022. For Petitioner :

Mr.R.Prabhakaran For Respondents :

Mr.M.Siddharthan, Additional Government Pleader for R1 to R6

O R D E R

Heard Mr.R.Prabhakaran, learned counsel for the petitioner and Mr.M.Siddharthan, learned Additional Government Pleader for the 2/7

respondents 1 to 6.

2. The petitioner has filed this petition seeking a Writ of Mandamus directing the respondents 4 and 5 to continuously disburse the conveyance allowance payable to him by the virtue of G.O.Ms.No.204 dated 30.06.2017 by considering his representation dated 22.01.2022.

3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. Mr.R.Prabhakaran, learned counsel for the petitioner has submitted that the petitioner being a disabled person with disability of 50% vision loss, he is entitled to conveyance allowance as per G.O.No. 667, Finance (Pay Commission) Department, dated 27.06.1989 and G.O.Ms.No.204, Finance (Allowances) Department, dated 30.06.2017.

5. The petitioner's grievance is that his representation given in this regard has not been considered so far.

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6.

However, Mr.M.Siddharthan, learned Additional Government Pleader appearing for the respondents 1 to 6 submitted that the representation given by the petitioner has been considered and an order has been passed on 08.12.2022 instructing the petitioner to approach the fifth respondent, the District Educational Officer with relevant documents.

7. Since no order has been passed on merits on the representation made by the petitioner, the petitioner is at liberty to resubmit his representation to the fifth respondent i.e., the District Educational Officer, Directorate of School Education, Nungambakkam, Chennai for grant of conveyance allowance within a period of two weeks from the date of receipt of a copy of this order. On receipt of the representation, if any given by the petitioner, the fifth respondent shall consider the same on its own merits and pass orders in accordance with law within a period of eight weeks from the date of such representation. 4/7

8. In view of the above observations, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

17.04.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi To 1.The Secretary, Department of School Education, Fort. St.George, Chennai - 600 009.

2.The State Commissionerate for Welfare of the Differently Abled, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai - 600 005.

3.The Director of School Education, 17, College Road, Subba Road Avenue, Nungambakkam, Chennai - 600 008.

4.The Chief Educational Officer, O/o. The Chief Educational Officer, ICI, Govt. Boys Higher Secondary School Compound, 5/7

5.The District Educational Officer, Officer of the District Educational Officer Madurai Road, 6.The Finance Control Officer, Directorate of School Education, 17, College Road, Subba Road Avenue, Nungambakkam, Chennai, Tamil Nadu - 600 008.

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R.N.MANJULA, J.

mbi 17.04.2024 7/7