IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 08-06-2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2164 of 2007 (O.A.No.22 of 2001) V.Jayabalan .. Petitioner Versus 1. District Elementary Educational Officer, Virduhunagar. 2. Assistant Elementary Educational Officer, Rajapalayam, Virduhunagar District. 3. The Commissioner, Panchayat Union, Rajapalaym, Virudhunagar District. 4. The Accountant General, O/O.The Accountant General (A&E) Tamil Nadu, Chennai, .. Respondents. Prayer: Original Application No. 22 of 2001 filed before Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this court and renumbered as Writ petition No.2164 of 2007, seeking for issuance of a writ of Mandamus, directing the respondents 1,2 and 4 to pay the pensionary benefits to the applicant with all service benefits such as gratuity etc. . . . For Petitioner : Mr. K.Sanjay For Respondents : Ms.S.Anitha, Government Advocate O R D E R The petitioner prays for a direction to the respondents 1, 2 and 4 to pay the pensionary benefits with all service benefits to the petitioner. 2. Learned counsel for the petitioner has submitted that the petitioner had been appointed as Secondary Grade Teacher, on https://hcservices.ecourts.gov.in/hcservices/ 25.08.1960, in the Board Higher Elementary School, Sivalingapuram, Rajapalayam Panchayat Union, in the then Ramanathapuram District. On the abolition of the District Boards, his services were transferred to the Panchayat Union, Rajapalayam, with effect from 12.04.1961 and thereafter, he was serving under the control of the Commissioner, Panchayat Union, Rajapalayam. His probation was declared, with effect from 25.08.1962, after the completion of two years of service. Then, he was promoted as Head Master, Panchayat Union Higher Elementary School, Sivalingapuram, on 17.06.1971. Thereafter, his services were transferred to Education Department, as per G.O.Ms.No.857, Education, dated 23.05.1981 and he had become a Government Servant. Due to ill-health, the petitioner had been permitted to retire from service on medical grounds. However, his pensionary benefits had not been paid to him, inspite of several representations made by the petitioner. 3. Even though no counter has been filed on behalf of the respondents, the learned counsel appearing for respondents had submitted that an order may be passed directing the respondents to consider the request of the petitioner for payment of pensionary benefits, if he is found to be eligible for the same. 4. In view of the submission made by the learned counsel appearing for the petitioner, as well as the respondents, the first respondent is directed to consider the claim of the petitioner, with regard to the payment of pensionary benefits and other benefits, if he is found to be eligible for the same. and pass orders, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. 5. With the above direction, this Writ Petition is disposed of. Connected miscellaneous petition is closed. No costs. pal Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The District Elementary Educational Officer, Virduhunagar. 2. The Assistant Elementary Educational Officer, Rajapalayam, Virduhunagar District. https://hcservices.ecourts.gov.in/hcservices/ 3. The Commissioner, Panchayat Union, Rajapalaym, Virudhunagar District. 4. The Accountant General, O/O.The Accountant General (A&E) Tamil Nadu, Chennai, + 1 cc to Mr. K. Subburam, Advocate SR No.21333 . Writ Petition No.2164 of 2007 TS(CO) SR/16.6.2009 https://hcservices.ecourts.gov.in/hcservices/