Andrew Chandrakumar v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.29117 of 2023 Andrew Chandrakumar : Petitioner Vs.

1. The Secretary, School Education Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.

2. The Director of Education, O/o.The Directorate of Education, DPI Campus, No.6, College Road, Nungambakkam, Chennai - 600 006.

3. The Joint Director (Higher Secondary), O/o.The Joint Director, Directorate of School Education, College Road, Chennai - 600 006.

4. The Chief Educational Officer, O/o.The Chief Educational Officer, Thoothukudi, Thoothukudi District.

5. The Secretary, Karapettai Higher Secondary School, Thoothukudi - 1, Thoothukudi District.

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6. The Accountant General (A & E), O/o.The Accountant General (A & E), Anna Salai, Teynampet, Chennai - 600 018.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent no.1 to direct the respondent no.2 and 6 to sanction and disburse the pension from the date of compulsory retirement i.e. 04.10.2010 to the date of superannuation i.e. 31.05.2019 and other pending terminal benefits such as leave encashment and health fund in light of the orders passed by the Honble Madurai Bench of Madras High Court in WP(MD).No.12706 and 8873 of 2010 dated 08.01.2021 by considering the petitioners representation dated 04.11.2023.

For Petitioner : Mr.G.Karthik M/s. Lajapathi Roy and Associates For Respondents : Mr.M.Siddharthan Addl. Government Pleader for R1 to R4 Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers for R5

O R D E R

The writ petition has been filed for the issuance of a writ of Mandamus, directing the first respondent to instruct respondents 2 and 6 to sanction and disburse the petitioner's pension for the period from the 2/6

date of his compulsory retirement, i.e., 04.10.2010, to the date of his superannuation, i.e., 31.05.2019, along with other pending terminal benefits such as leave encashment and health fund, in the light of the orders passed by this Court in W.P.(MD) Nos. 12706 and 8873 of 2010, dated 08.01.2021, by considering the petitioner's representation dated 04.11.2023.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if this Court issues a direction to the first respondent to consider the representation of the petitioner dated 04.11.2023 in the light of the orders passed by this Court in W.P.(MD) Nos.12706 and 8873 of 2010, dated 08.01.2021, within a time frame to be fixed by this Court.

4. Considering the limited request made by the learned counsel for the petitioner, this court, without going into the merits of the 3/6

case, directs the first respondent to consider the representation of the petitioner dated 04.11.2023 in the light of the orders passed by this Court in W.P.(MD) Nos.12706 and 8873 of 2010, dated 08.01.2021, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.

5. With the above directions, this writ petition is disposed of. No costs.

01.07.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The Secretary, School Education Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.

2. The Director of Education, O/o.The Directorate of Education, DPI Campus, No.6, College Road, Nungambakkam, Chennai - 600 006.

3. The Joint Director (Higher Secondary), O/o.The Joint Director, Directorate of School Education, College Road, Chennai - 600 006.

4. The Chief Educational Officer, O/o.The Chief Educational Officer, Thoothukudi, Thoothukudi District.

5.The Accountant General (A & E), O/o.The Accountant General (A & E), Anna Salai, Teynampet, Chennai - 600 018.

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VIVEK KUMAR SINGH, J.

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