1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9121 of 2011 And M.P.(MD).Nos. 1 & 2 of 2011 K.Dharmar ... Petitioner -Vs- 1. State of Tamil Nadu Rep. by The Secretary to Government School Education Department Secretariat, Chennai - 9 2. Director of School Education Chennai - 6 3. Accountant General (Accounts & Entitlements) Tamil Nadu No.361, Anna Salai, Chennai -18 4. District Educational Officer Tenkasi, Tirunelveli District 5. The Headmaster Government Boys Higher Secondary School Puliyangudi - 621 855 Tirunelveli District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the order passed by the third respondent in Pension 10/4/AR/11 000 165/09-10/ADK/59 dated 18.06.2009 and quash the same, and direct the respondents to sanction pension to the petitioner, on the basis of the proposal by the fourth respondent, dated 29.09.2009 counting the entire length of service from 27.02.1990 as per the order of the Government in G.O.(3D) 35 Education, Science and Technology, dated 15.07.1996. For Petitioner : Mr.V.Panneer Selvam for M/S. C.S.Associates For Respondents1,2,4 and 5: Mr.S.Chandrasekar Government Advocate For R3 : Mr.P.Gunasekaran https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The petitioner has sought for a Certiorarified Mandamus to quash the order, dated 18.06.2009 passed by the Accountant General (Accounts & Entitlements), Chennai -18, returning the Service Registers and the pension proposals of the writ petitioner for the following reasons: 1. It is seen from page 8, vol 1 of service Register that the Government servant has been relieved from service on 01.06.1994 and rejoined duty on 07.08.1996. The reason for the relief may be noted in Service Register. (PCO) 2. However the break period from 01.06.1994 to 06.08.1996 has to be regularised order of Government regulating the above period may be obtained and recorded in Service Register. 3. The proposals with Service Registers after attending to above remarks may be forwarded for taking further necessary action. The receipt of Service Registers and proposals may please be acknowledged. 2. Learned counsel for the petitioner submitted that it is suffice, a direction is issued to the Director of School Education, Chennai - 6, to take appropriate decision on the request made by the District Educational Officer, Tenkasi, dated 29.09.2009, within a time frame. 3. Considering the limited request, Mr.S.Chandrasekar, learned Government Advocate was put on notice and heard. He submitted that if the proposals are still pending on the file of the Joint Director (Personnal) Chennai, the same would be considered and appropriate orders would be passed. His submission is placed on record. 4. Considering the abovesaid submission, without going into the correctness of the proceedings in Pension No. 10/4/AR/11000165/09- 10/ADK/59, dated 18.06.2009, of the Accountant General (Accounts & Entitlements) Tamil Nadu, Chennai, a mere direction is issued to the Director of School Education, Chennai, to take action on the proposal, dated 29.09.2009, submitted by the District Educational Officer, Tenkasi, for regularising the period stated supra within a period of eight weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 3 5. With the abovesaid directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1. The Secretary to Government State of Tamil Nadu School Education Department Secretariat, Chennai - 9 2. Director of School Education Chennai - 6 3. Accountant General (Accounts & Entitlements) Tamil Nadu No.361, Anna Salai, Chennai -18 4. District Educational Officer Tenkasi, Tirunelveli District 5. The Headmaster Government Boys Higher Secondary School Puliyangudi - 621 855 Tirunelveli District +one cc to Special Government Pleader, Sr.No. 27754 +one cc to C.S.Associates, Advocate, Sr.No. 27708 +1cc to Mr.P.Gunasekaran, Advocate, Sr.No.27520 W.P.(MD).No.9121 of 2011 And M.P.(MD).Nos. 1 & 2 of 2011 12.08.2011 vsg sma/23.8.2011/9c/3p https://hcservices.ecourts.gov.in/hcservices/