S.Pitchayammal v. Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.07.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.22917 of 2015 S.Pitchayammal ... Petitioner -vs1.Director of School Education, Chennai-600 006.

2.District Educational Officer, Tallakulam, Madurai 625 002.

3.The Headmistress, Government Boys Higher Secondary School, Alanganallur, T.Vadipatti Taluk, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents, to sanction Selection Grade, Special Grade and Super Grade in the cadre of Water Carrier and disburse the arrears after deducting the General Provident Fund and Special Provident Fund and enroll the petitioner under Old Pension Scheme so as to enable the petitioner to come under the old pension scheme. For Petitioner : Mr.V.Panneer Selvam for M/s.C.S.Associates For Respondents : Mrs.S.Srimathy Special Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondents, to sanction Selection Grade, Special Grade and Super Grade in the cadre of Water Carrier and disburse the arrears after deducting the General Provident Fund and Special Provident Fund and enroll the petitioner under Old Pension Scheme. 2.With reference to the relief sought for by the writ petitioner, the second respondent filed a counter affidavit stating that the services of the writ petitioner has been regularised in R.C.No.1536A1/2015, dated 18.01.2016 of the second respondent. The Selection Grade and Special Grade has been https://hcservices.ecourts.gov.in/hcservices/

awarded to the writ petitioner and arrears of salary has been drawn and paid to the writ petitioner by the third respondent. The G.P.F number has been allotted as 16973 of Education, from which, it is evident that she has been made eligible for admission in the Old Pension Scheme. Her application for sanction of bonus increment for having completed 30 years services has been received from the writ petitioner and action has been taken to draw arrears and the action in this regard is in progress. The G.P.F subscription has been recovered from the month of November 2015, the third respondent has been directed to recover the G.P.F subscription from the date of regularization in convenient instalments, after giving an opportunity to the writ petitioner.

This being the counter affidavit filed in detail by the District Educational Officer, Madurai, this Court is of the opinion that all the grievances of the writ petitioner has already been redressed. However, if any other grievance exists in the matter of disbursement of mandatory benefits, it is left open to the writ petitioner to approach the competent authority for the redressal of the same.

4.Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To 1.Director of School Education, Chennai-600 006.

2.District Educational Officer, Tallakulam, Madurai 625 002.

3.The Headmistress, Government Boys Higher Secondary School, Alanganallur, T.Vadipatti Taluk, Madurai District.

+1 cc to Mr.V.Panneer Selvam , Advocate SR.No.73037 +1 cc to The Special Government Pleader Sr.No.73522 sji/ns W.P.(MD) No.22917 of 2015 02.07.2019 KM/(19.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/