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Madras High CourtWP(MD)/3878/2016disposed of

N. Selvarani v. The Commissioner,

2016-02-24Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.3878 of 2016 N.Selvarani ... Petitioner Vs.

1. The Commissioner, Government Data Centre, Guindy, Chennai 600 025.

2. The District Elementary Educational Officer, Ramanathapuram.

3. The Assistant Elementary Educational Officer, Kadaladi Union, Ramanathapuram District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to allow the petitioner to continue in the Old Pension Scheme with all benefits and to continue under the T.P.F.No.324536 and confer all the consequential benefits.

For Petitioner : Mr.V.Panneerselvam For Respondents : Mr.V.Muruganandam, Additional Government Pleader.

ORDER

The petitioner has come up with the above writ petition seeking for the issue of a writ of mandamus, to direct the respondents to allow the petitioner to continue in the Old Pension Scheme with all benefits and to continue under the T.P.F.No.324536 and confer all the consequential benefits.

2.Heard the learned counsel for the petitioner. Mr.V.Muruganandam, learned Additional Government Pleader takes notice for the respondents.

3.The case of the petitioner is that the petitioner originally appointed as a Secondary Grade Teacher on 04.02.2001 in Rawuther Sahip Elementary School, Theriruveli, Muthukulathur Union, Ramanathapuram District which is a private aided school and she was allotted Teachers Provident Fund Account No.324536. While so, she was selected as B.T.Assistant by the Tamil Nadu Teachers Recruitment Board and posted at the Panchayat Union Middle School, Peravoor, Ramanathapuram Union, Ramanathapuram District. https://hcservices.ecourts.gov.in/hcservices/

4.According to the petitioner, as she was a subscriber in Tamil Nadu Teacher Provident Fund in P.F.No.324536 under the old pension scheme, she may be permitted to continue in the old pension scheme as per the Tamil Nadu by considering her representation, dated 15.04.2015. It is further stated that in similar circumstances, this Court has allowed the Writ Petition in W.P(MD)No.4577 of 2008, dated 12.11.2014 and granted the same relief as claimed by the petitioner.

5.In view of the same, without going into the merits of the case, the respondents are directed to consider the representation of the petitioner, dated 15.04.2015 and pass appropriate orders in the light of the order passed in W.P(MD) No.4577 of 2008, dated 12.11.2014 within a period of six weeks from the date of receipt of a copy of this order. 6.With the above direction, the writ petition is disposed of. No Costs.

Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar sms To

1. The Commissioner, Government Data Centre, Guindy, Chennai 600 025.

2. The District Elementary Educational Officer, Ramanathapuram.

3. The Assistant Elementary Educational Officer, Kadaladi Union, Ramanathapuram District.

+1cc to Mr. V.Panner Selvam, Advocate SR.No.10940 CN/Skn-Sk/8.03.2016/2P-5C Writ Petition (MD) No.3878 of 2016 24.02.2016 https://hcservices.ecourts.gov.in/hcservices/