N.Ramachandran, v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.5367 of 2017 N.Ramachandran ..Petitioner Vs.

1. The Government of Tamil Nadu, Rep. by its Principal Secretary, Department of School Education, Fort St. George, Secretariat, Chennai - 600 009.

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

3. The Chief Educational Officer, Ramanathapuram, Ramanathapuram District. .. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse all the terminal benefits including pension to the petitioner within a time frame fixed by this Court in pursuant to the final orders passed by the first respondent in the disciplinary proceedings vide G.O.(1D)No.369, dated 09.10.2015 and G.O.(1D)No.83, dated 10.02.2017.

For Petitioner : Mr. R.Subramanian For Respondents : Mr.J.Gunaseelan Muthaiah, Government Advocate.

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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 disburse all the terminal benefits including pension to the petitioner within a time frame fixed by this Court in pursuant to the final orders passed by the first respondent in the disciplinary proceedings vide G.O.(1D)No.369, dated 09.10.2015 and G.O.(1D)No.83, dated 10.02.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3. Mr.J.Gunaseelan Muthaiah, learned Government Advocate,

takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a positive direction, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the respondents 1 to 3 to consider the representation of the petitioner, dated 04.03.2017, in the light of the final order passed by the first respondent vide G.O.(1D)369, School Education [SE1 (2)] Department, dated 09.10.2015 and G.O.(1D)No.83, School Education [SE1(2)] Department, dated 10.02.2017, within the time stipulated by this Court.

5. Having regard to the limited scope of the prayer now sought for by the learned counsel for the petitioner, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following direction:- "The respondents 1 to 3 are directed to consider the representation of the petitioner, dated 04.03.2017, and pass appropriate orders on merits and in accordance with law, taking into account the final order passed by the first respondent vide G.O.(1D)369, School Education [SE1 (2)] Department, dated 09.10.2015 and G.O.(1D) No.83, School Education [SE1(2)] Department, dated 10.02.2017, within a period of six weeks from the date of receipt of a copy of this order."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To

1. The Principal Secretary, Government of Tamil Nadu, Department of School Education, Fort St. George, Secretariat, Chennai - 600 009.

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

3. The Chief Educational Officer, Ramanathapuram, Ramanathapuram District.

+1 CC to MR.R.SUBRAMANIAN, Advocate, SR No.18738 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 18367 PMU PSM/JC/SAR3/11.04.2017/2P/6C ORDER MADE IN W.P.(MD).No.5367 of 2017 28.03.2017 https://hcservices.ecourts.gov.in/hcservices/