Rajendran S v. The Commissioner Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.21392 of 2022 S.Rajendran ... Petitioner Vs.

1.The Commissioner of School Education, O/o. The Commissioner of School Education, DPI Complex, College Road, Chennai.

2.The Chief Educational Officer, O/o. The Chief Educational Officer, Pudukkottai, Pudukkottai District.

3.The District Educational Officer, O/o. The District Educational Officer, Aranthangi, Pudukkottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to disburse the retirement benefits viz., Pension, Gratuity, Commutation, Leave Salary, etc., and all other attendant benefits within an accrued interest thereon 1/4

and by considering the petitioner's representation dated 12.08.2022 and 26.10.2022 within the period that may be stipulated by this Court. For Petitioner : Mr.S.Mohamed Suhail, For M/s.Ajmal Associates.

For Respondents : Mr.J.Ashok, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The learned counsel for the petitioner states that the petitioner's date of birth was erroneously entered in the register and as a result he lost four years of service. He seeks to be conferred with the differential benefits. He has given a representation dated 12.08.2022 in this regard. The petitioner also relies on the communication of the Commissioner of School Education, dated 05.03.2020. 3.The third respondent is directed to consider the petitioner's representation and if the petitioner is found to be eligible, prepare the relevant proposal and forward the same to the competent authority. The competent authority shall consider the same and pass final order on merits in accordance with law within a period of twelve weeks thereafter. The entire exercise shall be 2/4

completed within a period of sixteen weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. It is for the competent authority to take a decision. 4.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

02.12.2022 Index : Yes / No Internet : Yes/ No ias To:- 1.The Commissioner of School Education, O/o. The Commissioner of School Education, DPI Complex, College Road, Chennai.

2.The Chief Educational Officer, O/o. The Chief Educational Officer, Pudukkottai, Pudukkottai District.

3.The District Educational Officer, O/o. The District Educational Officer, Aranthangi, Pudukkottai District.

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G.R.SWAMINATHAN, J.

ias 02.12.2022 4/4