1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9189 of 2011 Savithiri : Petitioner Vs. 1.The Secretary to Government, Department of School Education, St. George Fort, Chennai. 2.The Director of Elementary Education, D.P.I. Campus, College Road, Chennai. 3.The District Elementary Education Officer, Pudukkottai. 4.The Assistant Elementary Education Officer, Aranthangi. 5.The Accountant General (A&E), Office of Accountant General, 36, Anna Salai, Chennai. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the third respondent to implement the order of the third respondent passed in Na.Ka.No.5004/A4, dated 04.12.2009 to pay the petitioner the revised pay and other benefits lawfully due with interest at 12% for the delay caused taking into consideration of the proceedings of the fifth respondent dated 19.04.2011 in Ref.Pen18/III/11802779/ADK/10-11, within the time to be stipulated by this Court. For Petitioner : Mr.V.K.Vijayaragavan For Respondents : Mr.S.Chandrasekar Government Advocate ORDER The petitioner has sought for a Mandamus, directing the District Elementary Educational Officer, Pudukkottai, the third respondent herein, to implement his order dated 04.12.2009 and pay the revised pay and other benefits with interest at the rate of 12% per annum, taking into consideration the proceedings of the Accountant General (A&E), Chennai, the fifth respondent herein. 2. According to the petitioner, she served as Headmistress in the Middle School at Amarasimmendrapuram in Aranthangi and retired on 31.05.2007. Her pay and other benefits were not properly fixed and paid. Her junior, Thiru.Kalaimani, who entered the service on 01.06.1974, was paid higher pay, than the petitioner. Therefore, a representation has been made to the Educational Authorities and the District Elementary Educational Officer, Pudukkottai, vide proceedings in https://hcservices.ecourts.gov.in/hcservices/ 2 Na.Ka.No.5004/A4/0/09, dated 04.12.2009, had accepted that the petitioner is entitled for stepping up of pay on par with that of her junior. However, as the petitioner already retired from service, the Accountant General, Chennai, the fifth respondent herein, vide his proceedings in Pen 18/III/11802779/ADK/10-11, dated 19.04.2011, has directed the Assistant Elementary Educational Officer, Aranthangi, Pudukkottai District, to obtain orders of ratification from the Government and forward the same for revision of pay. The Service Register has also been returned. According to the petitioner, from 19.04.2011, there is no progress and, therefore, she has come forward with the present Writ Petition. 3. In support of the relief sought for, inviting the attention of this Court to the proceedings in Na.Ka.No.5004/A4/0/09, dated 04.12.2009, of the District Elementary Educational Officer, Pudukkottai, the learned counsel for the petitioner submitted that the said authority has already addressed the grievance of the petitioner and directed the stepping up and, therefore, the above said order has to be implemented. 4. Considering the limited relief sought for, Mr.S.Chandrasekar, learned Government Advocate was put on notice on facts. 5. Perusal of the proceedings dated 19.04.2011 of the Accountant General (Accounts and Entitlements), Chennai shows that when the pension proposals along with Service Register of the petitioner were forwarded to the Office of the Accountant General, Chennai, for re-fixation of pay on par with her junior, the fifth respondent, after noticing that the petitioner had already retired from service and placing reliance on the Government Letter No.20419/PRJ/99-5, dated 30.12.1999, P&AR Department, relating to stepping up of pay on par with junior, opined that after retirement, orders of ratification are to be obtained from the Government and in such circumstances, returned the proposals along with the Service Register. 6. Though a proposal has been sent by the Assistant Elementary Educational Officer, Aranthangi, Pudukkottai District, the Accountant General has invited the attention of the Assistant Elementary Educational Officer, Aranthangi, the procedure to be followed in the case of a retired Government servant that ratification orders have to be obtained from the Government in the case of revision of pay, after retirement. 7. In the above said circumstances, the Assistant Elementary Educational Officer, Aranthangi, Pudukkottai District, the fourth respondent herein, is directed to take up the matter with the Secretary to Government, Department of School Education, St. George Fort, Chennai, for obtaining ratification in terms of Government Letter No.20419/PRJ/99-5, dated 30.12.1999, P&AR Department and on receipt of the request for ratification, through proper channel, the first respondent is directed to pass orders as expeditiously as possible, by not later than one month, from the date of receipt of such request for ratification, so as to enable the Assistant Elementary Educational Officer, Aranthangi, Pudukkottai District to re-submit the proposals to the fifth respondent for appropriate orders. If ratification is obtained, the Accountant General, Chennai, shall pass orders of authorization immediately. The above said exercise shall be completed, https://hcservices.ecourts.gov.in/hcservices/ 3 within a period of three months from the date of receipt of a copy of this order. 8. The Writ Petition stands disposed of in the above terms. No costs. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Department of School Education, St. George Fort, Chennai. 2.The Director of Elementary Education, D.P.I. Campus, College Road, Chennai. 3.The District Elementary Education Officer, Pudukkottai. 4.The Assistant Elementary Education Officer, Aranthangi. 5.The Accountant General (A&E), Office of Accountant General, 36, Anna Salai, Chennai. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.28006 Sml SR : 29.08.2011 : 3p/7c Order made in W.P.(MD).No.9189 of 2011 Dated:- 17.08.2011 https://hcservices.ecourts.gov.in/hcservices/