Arockiyasamy v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.3903 of 2017 Arockiyasamy .. Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, Department of Higher Education, Secretariat, Chennai.

2.The Principal Secretary to Government of Tamil Nadu, Department of Finance, Secretariat, Chennai.

3.The Director of Collegiate Education, Chennai.

.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to re-fix the pension of the petitioner by taking into account the 4 years of service rendered at Government High School, Nadupatty, Vaiyampatty, Trichy District and grant arrears of pension at once and pass such further orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.N.S.Karthikeyan Additional 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 respondents to refix the pension of the petitioner by taking into account the 4 years of service rendered at Government High School, Nadupatty, Vaiyampatty, Trichy District and to grant arrears of pension at once.

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2.Heard the learned counsel appearing for the petitioner as well as learned Additional Government Pleader appearing for the respondents.

3. Mr.N.S.Karthikeyan, Additional Government Pleader takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. The learned counsel for the petitioner would submit that a direction may be issued to the third respondent/Directorate of Collegiate Education, Chennai, to consider the representation of the petitioner, dated 27.12.2016.

5.Having regard to the facts and circumstances of the case and at request of the learned counsel for the petitioner, without expressing any opinion on the merits of the matter, this Court is inclined to direct the respondents to consider the representation of the petitioner, dated 27.12.2016 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to submit a fresh representation along with acknowledgement within a period of two weeks from today.

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government of Tamil Nadu, Department of Higher Education, Secretariat, Chennai.

2.The Principal Secretary to Government of Tamil Nadu, Department of Finance, Secretariat, Chennai.

3.The Director of Collegiate Education, Chennai.

+1cc to Mr.P.GANAPATHISUBRAMANIAN, Advocate Sr.No. 12995 +1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO. 12871 pmu AE/RR/15.03.2017/2P/6C ORDER MADE IN W.P.(MD).No.3903 of 2017 06.03.2017 https://hcservices.ecourts.gov.in/hcservices/