Madras High CourtWP(MD)/3547/2017disposed of

T.Ebenezar, v. The Secretary To Government

2017-03-01Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.3547 of 2017 T.Ebenezar ... Petitioner Vs.

1.The Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Government of Tamil Nadu, Secretariat, Chennai -9.

2.The Director, Directorate of Social Welfare, Government of Tamil Nadu, Guindy, Chennai-32.

3.The District Social Welfare Officer, Tirunelveli District, Tirunelveli.

4.The Block Development Officer, Shencottai Panchayat Union, Shencottai, Tirunelveli District.

5.The Accountant General, No.361, Anna Salai, Chennai - 600 015.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus,directing the respondents to grant pension to the Petitioner from the date of retirement taking into account the entire period of her service as Rural Welfare Officer(Woman) from 1.10.2008 to 30.6.2010 and the 50% of the service rendered by her as Child Welfare Organizer from 5.2.1981 to 30.9.2008.

For Petitioner :

M/s.V.Kannan For Respondents :

Mr.A.K.Baskarapandian 1 to 4 Special Government Pleader For Respondent-5 : Mr.P.Gunasekaran *****

O R D E R

This Writ Petition has been filed, seeking a direction to the respondents to grant pension to the Petitioner from the date of retirement taking into account the entire period of her service as Rural Welfare Officer(Woman) from 1.10.2008 to 30.6.2010 and the 50% of the service rendered by her as Child Welfare Organizer from 5.2.1981 to 30.9.2008. 2.Mr.A.K.Baskarapandian, learned Special Government Pleader takes notice for the respondents 1 to 4 and Mr.P.Gunasekaran, learned counsel takes notice for R5. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.

3.Even though the Petitioner has prayed that the Petitioner shall be granted pension from the date of retirement taking into account the entire period of service as Rural Welfare Officer from 01.10.2008 to 30.06.2010 and the 50% of the service rendered by her as Child Welfare Organizer from 05.02.1981 to 30.09.2008, so that the Petitioner would get all the retirement benefits, while making his submissions, the learned counsel for the Petitioner would submit that it would suffice if the respondents concerned is directed to consider the representation of the Petitioner, dated 22.12.2016 given in this regard, within the time limit determined by this Court.

4. The counsel for the respondents would submit that it is agreeable for the respondents to consider the representation of the petitioner and pass orders thereon.

5.In view of the submission, the first respondent is directed to consider the representation of the petitioner, dated 22.12.2016 and to pass appropriate orders on the same, in accordance with law within a period of two months from the date of receipt of a copy of this order, if there is no other legal impediment to do so.

6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar

vsn To: