This Writ Petition has been filed praying to issue a Writ of Mandamus to direct the 1st respondent to send the service register, original salary bill and other particulars as sought by the third respondent in his proceedings in Pen/10/V/A84792 dated 24.06.2002 and consequently direct the third respondent to consider the representation dated 25.07.2001 of the petitioner to refix the Pension benefits of the petitioner as per the G.O.Ms.No.447 dated 06.04.1968, on par with the secondary grade teachers.
2. I heard Mr.R.Narendran, learned counsel appearing for the petitioner and Mr.R.Govindasamy, Special Government Pleader http://www.judis.nic.in appearing for respondents 1 to 3 and Mr.E.Ravikumar, ACGSC appearing for 4th respondent.
3. Mr.R.Govindasamy, learned Special Government Pleader appearing for the respondents 1 to 3 refers paragraph No.7 of the counter affidavit which reads as follows:
"Aggrieved by the order of the Accountant General, Chennai, the petitioner made another representation, requesting the Headmaster, Govt. Hr.Sec. School Vadasandur to forward the proposal to the Accountant General. The Headmaster forwarded his proposal along with the duplicate service register of the petitioner as the original service book was lost. he had not given the original sergive register which had been lost while he was in service and it had been traced out by him later. He did not handover the original service book to the Headmaster. His pension was authorised, based on the duplicate service Register, authorized by Chief Educational Officer, Madurai."
4. Since the Headmaster of the school has sent the proposal in respect of the petitioner to the 3rd respondent/Accountant General (A&E) in the year of 2005 itself, till date no order has been passed. In paragraph No.9 of the counter affidavit which reads as follows:
It is therefore submitted that the first respondent has furnished all the available records in respect of the petitioner to the Accountant General, Chennai. The Accountant General has http://www.judis.nic.in issued orders refixing and revising the petitioners pension as per G.O.Ms.No.449 Finance dated 12.10.1999. Therefore, it is prayed that considering the above particulars, the case may be dismissed and thus render Justice.
5. Though the Accountant General was directed to issue orders in respect of refixing and revising the petitioner's Pension as per G.O.Ms.No.449 Finance (Pension) Department, dated 12.10.1999, till date no order has been passed.
6. Therefore, the 3rd respondent/Accountant General (A&E) is hereby directed to pass suitable orders based on the proposal sent by the first respondent/Headmaster, Government High School, Vedachendur Taluk, Dindigul District, in respect of the petitioner for payment of Pension by refixing and revising the said pension proposals. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
7. In view of the above, the writ petition is disposed of accordingly. No costs.
04.08.2017 Index:yes/No ub To
1. The Headmaster, Government High School, Vedachendur Taluk, Dindigul District.
2. The Director of School Education, DPI Complex, College Road, Chennai - 600 006.
3. The Accountant General (A&E), Tamil Nadu, 261, Anna Salai, Chennai 600 018.
4. The Government of Tamil Nadu, Rep. by its Secretary Finance (Pension), Fort St George, Chennai - 9.
M.V.MURALIDARAN, J.
ub W.P.No.20141 of 2004 04.08.2017