S.Gurumurthy, S/O.Subramanian v. The Director Of Pension,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2021
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH S.Gurumurthy .. Petitioner Vs.
1.The Director of Pension, Directorate of Pension, Integrated Finance Dept Office Complex, 571, Anna Salai, Nandanam, Chennai-35.
2.The State of Tamil Nadu rep. by The Principal Secretary to Government, Finance Department, Fort St. George, Chennai 600 009.
3.The District Educational Officer, Devakottai, Sivagangai District.
4.The Secretary, School Committee, Alagappa Model Hr Sec School, Karaikudi, Sivagangai District.
5.The Principal Accountant General (A & E), 61, Anna Salai, Chennai.
.. Respondents (R5 is Suo motu impleaded vide Court order dated 28.02.2018 in W.P(MD)No.559 of 2018) Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus directing the respondents to re-fix the Selection Grade Pay, based on the Letter No.63305/Pay Cell/2010-5 dated 08.11.2010 issued by the 1st Respondent and also pay the arrears at the rate of 15600-39100+GP 6600 with effect from 23.06.2000 and consequently direct the 1st Respondent to revise the pension under the above Pay Band within time stipulated by this Court and to pass such other orders. For Petitioner : Mr. RM.Arun Swaminathan For Respondents : Mr. A.K. Manikkam, SGP for R1, R2 to R3 Mr. K. Prabhu for R4 Mr. P. Gunasekaran for R5 1/3
ORDER
The petitioner seeks a mandamus directing the respondents, the Director of Pension, the State of Tamil Nadu, the District Educational Officer (DEO) and the School committee of the Alagappa Model Higher Secondary School/R1, R2, R3 and R4 respectively to refix Selection Grade Pay based on letter bearing No.63305/Pay Cell dated 08.11.2010, issued by R1 and pay over the arrears of his salary with effect from 23.06.2000.
2. No counters have been filed in the matter.
3. The Principal Accountant General (A&E), who has been impleaded suo motu and arrayed as R5, files a compilation of papers, wherein there is a communication dated 23.03.2015, returning the revised pension proposals in respect of the petitioner, setting out certain reasons for the said return and the communication is addressed to R3 with a copy of thereof is marked to the petitioner.
4. Learned counsel for the petitioner on instructions would submit that he is not in receipt of the same.
5. Be that as it may and to avoid further time lag in the matter, the petitioner is granted liberty to challenge order dated 23.03.2015 in accordance with law. Granting such liberty, this writ petition is closed. No costs.
Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) mnr 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 Director of Pension, Directorate of Pension, Integrated Finance Dept Office Complex, 571, Anna Salai, Nandanam, Chennai-35.
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2.The Principal Secretary to Government, The State of Tamil Nadu, Finance Department, Fort St. George, Chennai 600 009.
3.The District Educational Officer, Devakottai, Sivagangai District.
4.The Secretary, School Committee, Alagappa Model Hr Sec School, Karaikudi, Sivagangai District.
5.The Principal Accountant General (A & E), 61, Anna Salai, Chennai.
+1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-35108[F] dated 19/11/2021) +1 CC to M/s.SPL GP ( SR-35189[F] dated 19/11/2021 ) 18.11.2021 ARK(CO) GC(07.01.2022) 3P 8C 3/3