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Madras High CourtWP(MD)/13877/2018disposed of

J.Mabel Sobhanam, v. The State Of Tamilnadu

2018-06-29Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.06.2018

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD) No.13877 of 2018 J.Mabel Sobhanam ... Petitioner -vs1.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St.George, Chennai 600 009.

2.The Director of School Education, College Road, Chennai 600 006.

3.The Joint Director of School Education(Vocational), College Road,Chennai 600 006.

4.The Chief Educational Officer, Kanyakumari District, Nagercoil 5.The Accountant Geneal of Tamilnadu Office of the Accountant General, Chennai - 600 018.

6.The Sub Treasury Officer, Sub Treasury Office, Eraniel, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to re-fix petitioner's pension by counting 50% of the petitioner's part-time Vocational Instructor service between 03.07.1980 to 04.10.1996 and disburse arrears of pension from 22.02.2016 onwards.

For Petitioner : Mr.E.V.N.Siva For R1 to R4 : Mr.D.Muruganantham Additional Government Pleader For R5 : Mr.P.Gunasekaran

O R D E R

The prayer sought for in this writ petition is for a Writ of Mandamus directing the respondents herein to re-fix petitioner's pension by counting 50% of the petitioner's part-time Vocational

Instructor service between 03.07.1980 to 04.10.1996 and disburse arrears of pension from 22.02.2016 onwards.

2. Heard Mr.E.V.N.Siva, learned Counsel appearing for the petitioner, Mr.D.Muruganantham, learned Additional Government Pleader appearing for respondents 1 to 4 and learned counsel appearing for the respondent 5.

3. The learned Counsel appearing for the petitioner would submit that the petitioner was appointed as Part-time Vocational Instructor on 03.07.1980 at St.Bernadette's Higher Secondary School, Kanyakumari District in a sanctioned post. Thereafter, the petitioner was absorbed as Regular Vocational Instructor on 05.10.1996. The petitioner had been working as Regular Vocational Instructor for several years. The petitioner attained the age of superannuation on 22.02.2016 and provided re-employment upto 31.05.2016 and relieved from service on 31.05.2016. Therefore, in order to calculate 50% service as Part Time Vocational Office for pensionary benefits, the petitioner has given a representation dated 07.02.2018 to the first and second respondents. Since the said request was not considered, the petitioner has approached this Court for the aforesaid prayer.

4. The learned Counsel appearing for the petitioner would submit that if the said representation made by the petitioner on 07.02.2018 is directed to be considered and an order to that effect is directed to be passed within a time stipulated by this Court, the petitioner would be satisfied.

8. I have heard Mr.D.Muruganantham, learned Additional Government Pleader, who would submit that the said request of the petitioner dated 07.02.2018 would be considered on merits and an order to that effect would be passed within a time frame.

9. Considering the said submission made by both sides, this Court is inclined to pass the following order: The second respondent is directed to pass orders after considering the request of the petitioner by taking into consideration 50% of his past service as Part time Vocational Instructor and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

10. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar

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

2.The Director of School Education,College Road, Chennai 600 006. 3.The Joint Director of School Education(Vocational),College Road, Chennai 600 006.

4.The Chief Educational Officer,Kanyakumari District, Nagercoil 5.The Accountant Geneal of Tamilnadu, Office of the Accountant General,Chennai - 600 018. 6.The Sub Treasury Officer,Sub Treasury Office, Eraniel, Kanyakumari District.

+1cc to M/S.E.V.N.Siva, Advocate SR.No. 70567 W.P.(MD) No.13877 of 2018 29.06.2018 cm JM/SV/SAR 1/17.07.2018/3P/8C