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Madras High CourtWP(MD)/11286/2017disposed of

V.Patchaiyammal, v. The Director

2017-06-19Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.11286 of 2017 V.Patchaiyammal

...Petitioner

Vs.

1. The Director, Department of Education, DPI Complex, College Road, Chennai.

2. The Chief Education Officer, Thoothukudi District, Thoothukudi.

3. The District Education Officer, V.O.C.Govt.Higher Secondary School Complex, Kovilpatti, Thoothukudi District.

4. The Headmaster, Govt.Higher Secondary School, Vanaramutti, Kovilpatti, Thoothukudi District.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent No.1 to direct the respondent Nos.2 to 4 to provide pension by considering half period of my part time service from 01.06.1984 to 31.03.1990 in view of Rule-11(4) of Tamil Nadu Pension Rules, 1978 and grant all other benefits by considering petitioner's representation dated 30.05.2017 within the stipulated period as fixed by this Court.

For Petitioner : Mr. A.Haja Mohideen For Respondents : Mr.C.Selvaraj Special Government Pleader ***

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus directing the respondent No.1 to direct the respondent Nos.2 to 4 to provide pension by considering half period of the petitioner's part time service from 01.06.1984 to 31.03.1990 in view of Rule-11(4) of Tamil Nadu Pension Rules, 1978 and grant all other benefits by considering petitioner's representation dated 30.05.2017 within the stipulated period as fixed by this Court.

2. By consent, the writ petition is taken up for final disposal at the admission stage itself.

3. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader, who takes notice for the respondents.

4. Though this Writ Petition is filed for issuance of Writ of Mandamus to issue positive direction to the respondents, the learned Counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the petitioner's representation dated 30.05.2017 and pass appropriate orders on merits within a time stipulated by this Court.

5. Having regard to the limited scope of the prayer that is now sought before this Court by the learned Counsel for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Writ Petition is disposed of, with a direction to the respondents to consider the representation of the petitioner dated 30.05.2017 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(Co) /True copy/ Sub Assistant Registrar To

1. The Director, Department of Education, DPI Complex, College Road, Chennai.

2. The Chief Education Officer, Thoothukudi District, Thoothukudi.

3. The District Education Officer, V.O.C.Govt.Higher Secondary School Complex, Kovilpatti, Thoothukudi District.

4. The Headmaster, Govt.Higher Secondary School, Vanaramutti, Kovilpatti, Thoothukudi District.

+1 cc to Mr.A.Haja Mohideen , Advocate in SR.No. 60959 +1 cc to Special Government Pleader in SR.No.61198 ssl AE/GT/SAR1/30.06.2017/3P/7C W.P.(MD).No.11286 of 2017 19.06.2017