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2015 DIGILAW 172 (MAD)

A. Subbulakshmi v. Secretary, Department of School Education, Chennai

2015-01-12

K.RAVICHANDRA BAABU

body2015
JUDGMENT K. RAVICHANDRABAABU, J. 1. Mr. J. Gunaseelan Muthiah, learned Government Advocate takes notice for the respondents 1, 2 and 4 and Mr. P. Gunasekaran, learned Counsel takes notice for R3 and by consent of both the parties, the main writ petition itself is taken up for final disposal at the stage of admission. 2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1, 2 and 4 and Mr. P. Gunasekaran, learned Counsel appearing for the third respondent. 3. The petitioner seeks for a Writ of Mandamus to direct the first respondent to regularize the break up service of her husband from 17.06.1987 to 01.09.1994 and 16.11.1995 to 16.11.2001 and consequently direct the respondents to issue a revised family pension to the petitioner with effect from 2009 onwards. 4. It is seen that the petitioner's husband was originally punished and subsequently reinstated into the service. However, the interregnum period has not been regularized. Therefore, he moved a writ petition before this Court in W.P. (MD) No. 6711 of 2015, wherein an order was passed to consider his petition seeking for regularisation of such service. It appears that the Director of School Education, stated that he is not within his power to regularize such service for the period of absent exceeding beyond one year. Accordingly, the petitioner's husband sent a representation to the Government on 13.04.2006. Thereafter, the petitioner made representations on 10.06.2008 and 21.11.2014 to the first respondent seeking for the above said benefits. It is stated that the said representations are still pending and not disposed of so far. 5. Therefore, without expressing any view on the merits and the contentions raised by the petitioner, this Court directs the first respondent to consider the representations of the petitioner dated 10.06.2008 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs.