K.R.Kamala v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.11.2021

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH K.R.Kamala ... Petitioner vs.

1.The Government of Tamil Nadu represented by the Secretary to the Government, School Education Department, Fort St. George, Chennai -9.

2.The Director of School Education, College Road, Chennai -6.

3.The District Educational Officer, Musiri, Trichy District.

4.The Head Master, Musiri Boys Higher Secondary School, Musiri, Trichy District.

5.The Accountant General of Tamil Nadu, No.361, Anna Salai, Chennai -18.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to sanction the pension and other retirement pension benefits to the petitioner from the date of retirement taking into account 50% of the services rendered by petitioner as part time sweeper and subsequent service rendered by her as full time regular post as waterman on the basis of the petitioner's representation dated 19.04.2018.

For Petitioner : Mr.T.Vadivelan For R1 to R4 : Mr.A.K.Manikkam Special Government Pleader For R5 : Mr.P.Gunasekaran

O R D E R

The petitioner seeks a Mandamus directing the respondents to sanction pension and other retirement pensionary benefits from date of retirement, taking into account 50% of the services rendered as 1/3

part time sweeper and subsequent services rendered as full time regular post as waterman, based on her representation dated 19.04.2018.

2. In light of the decision of the Full Bench of this Court in the case of Government of Tamil Nadu v. R.Kaliyamoorthy ((2020) 2 MLJ 369), the cut-off date for availing the benefit of the erstwhile Scheme is regularisation prior to 01.04.2003, whereas, admittedly, the services of the petitioner have been regularised only on 08.09.2011, as per the petitioner's statement in her representation dated 19.04.2018. Hence, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) akv Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Secretary to the Government, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai -9.

2.The Director of School Education, College Road, Chennai -6.

3.The District Educational Officer, Musiri, Trichy District.

4.The Head Master, Musiri Boys Higher Secondary School, Musiri, Trichy District.

2/3

5.The Accountant General of Tamil Nadu, No.361, Anna Salai, Chennai -18.

+1 CC to M/s.SPL GP ( SR-36738[F] dated 01/12/2021 ) ORDER MADE IN 30.11.2021 BUC(CO) GC(23.12.2021) 3P 7C 3/3