Subbulakshmi v. The Director Of Elementary Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Subbulakshmi ... Petitioner Vs 1.The Director of Elementary Education, DPI Campus, Nungambakkam, Chennai - 600 006.
2.The District Educational Officer, Thoothukudi, Thoothukudi District.
3.The Block Educational Officer, Karungulam, Thoothukudi District.
4.The Secretary, RC Primary School, Aligudi, Thoothukudi District.
5.The Correspondent, RC Middle School, Kaliyavur, Thoothukudi District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 3rd respondent to revise the 1/5
scale of pay of the petitioner's husband late Deivanayagam in the cadre of Middle School Headmaster and admit the revised pension from 01.04.1996 along with all other monetary benefits in the light of the entries of the petitioner's service register (SR Book) and within the time to be fixed by ths Court.
For Petitioner : Mr.S.Balamurugan For Respondent : Mr.G.V.Vairam Santhosh, Nos.1 to 3 Additional Government Pleader For Respondent : Mr.Savarimuthu No.5 For respondent : No appearance No.4
ORDER
The petitioner's husband Deivanayagam, who served as a Middle School Headmaster for a certain period, subsequently had been reverted to the post of Headmaster of Primary School and retired from service on 31.03.1996. He died in the year 2017. The petitioner wife of Deivanayagam has filed this writ petition seeking mandamus to revise the scale of pay of her husband in the cadre of Middle School Headmaster and to pay a revised pension from the year 1996.
2.When this writ petition is taken up for hearing, the learned counsel for the petitioner submits that this petitioner has passed away and he has to 2/5
ascertain if there is any legal heirs to prosecute the case further. 3.The learned Additional Government Pleader for the respondents submits that even the deceased employee during his life time did not challenge the order of reversion to the lower post and revision of pay. However, on wrong advice, this petitioner has failed this writ petition. 4.Considering the fact that the employee during his service and lifetime did not challenge the order of reversion to the lower post and has not questioned for the revision of scale of pay and also considering the fact that this petitioner also died, this petition is closed. No costs. 02.01.2025 DSK 3/5
To 1.The Director of Elementary Education, DPI Campus, Nungambakkam, Chennai - 600 006.
2.The District Educational Officer, Thoothukudi, Thoothukudi District.
3.The Block Educational Officer, Karungulam, Thoothukudi District.
4.The Secretary, RC Primary School, Aligudi, Thoothukudi District.
5.The Correspondent, RC Middle School, Kaliyavur, Thoothukudi District.
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B.PUGALENDHI.J., DSK 02.01.2025 5/5