N.Parameswaran v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.20971 of 2018 N.Parameswaran :Petitioner Vs 1.The State of Tamil Nadu Represented by its Secretary School Education Department Fort St.George Chennai - 600 009 2.The Joint Director (Vocational) of School Education College Road Chennai -06 3.The District Educational Officer Thakkali Educational District Thakkali Kanyakumari District :Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to take 50% of the part time service rendered by the petitioner ie from 09.07.1980 to 01.04.1990 along with the regular service for the pension benefits i.e for the period of 32 years 12 days based on the judgment dated 09.04.2014 passed in WP.No.16771 of 2013. For Petitioner : Mr.R.Saravanan For Respondents : Mr.A.Thiyagarajan Government Advocate
O R D E R
This Writ Petition is filed to direct the respondents to take 50% of the part time service rendered by the petitioner, i.e from 09.07.1980 to 01.04.1990 along with his regular service, totalling to 32 years 12 days, for the pensionary benefits, based on the order of this Court dated 09.04.2014 passed in WP.No.16771 of 2013 etc., batch of Writ Petitions.
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2. Mr.A.Thiyagarajan, learned Government Advocate takes notice for the respondents.
3. Heard both sides and perused the documents available on record.
4. On a perusal of the documents, it is seen that in connection with the prayer sought for by the petitioner, he has given representation to the respondents 1 & 2 on 12.07.2018 and in view of the non-consideration of the said representation, the petitioner has come up with this present Writ petition.
5. The learned counsel for the petitioner relied upon certain decisions of this Court in W.P.(MD)Nos.22785 of 2019, etc batch of petitions, in support of his contentions. In my view, if all these decisions are to be placed before the second respondent with a direction to consider the petitioner's representation, the ends of justice would be secured.
6. In the light of the above, the writ petitioner is at liberty to file a fresh representation along with copies of decisions which he relies upon, to the second respondent herein, ventilating his grievances and on receipt of such a representation, the second respondent shall consider the same on its own merits and pass appropriate orders in accordance with law, within twelve weeks from the date of receipt of copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Vrn To 1.The Secretary, School Education Department Fort St.George Chennai - 600 009 2.The Joint Director (Vocational) of School Education College Road Chennai -06 2/3
3.The District Educational Officer Thakkali Educational District Thakkali Kanyakumari District.
+1 CC to M/s.R.SARAVANAN, Advocate ( SR-103204[F] dated 03/12/2019 ) +1 CC to M/s.SPL GP ( SR-103272[F] dated 04/12/2019 ) W.P.(MD) No.20971 of 2018 03.12.2019 VRN TK/SAR./02.01.2020/3P/6C 3/3