S. Sumathi v. Accountant General, Office of the Accountant General, Chennai
2015-02-05
K.RAVICHANDRA BAABU
body2015
DigiLaw.ai
Judgment 1. Mr. P. Gunasekaran, learned Counsel takes notice for the first respondent and Mr. J. Gunaseelan Muthiah, learned Government Advocate takes notice for the respondents 2 to 6 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 Counsel appearing for the first respondent and the learned Government Advocate appearing for the respondents 2 to 6. 3. The learned Counsel appearing for the petitioner submits that in view of the limited prayer sought for in this writ petition, he has given up the respondents 7 and 8 as they are only formal parties. 4. The petitioner seeks for a Writ of Mandamus to direct the respondents to place her under the Old Pension Scheme based on the initial date of appointment as Secondary Grade Teacher on 24.03.2003. 5. According to the petitioner, in view of the initial appointment that took place on 24.01.2003, the petitioner is entitled to be treated under the Old Pension Scheme. Whereas the official respondents are not considering the request of the petitioner repeatedly made for treating her under the Old Pension Scheme. It is the case of the petitioner that several representations were made, so far none of the representations was considered by the official respondents. 6. On the other hand, the respondents submitted that none of the representations referred to in the typed set of papers are having any proof of acknowledgement. 7. Considering the fact that the official respondent has to consider and decide as to whether the petitioner is entitled under the Old Pension Scheme or under the Contributory Pension Scheme, this Court is not expressing any view on the merits and the contentions raised by the petitioner at this stage. Therefore, this writ petition is disposed of with liberty to the petitioner to make a fresh representation to the respondents 1 and 3 by enclosing all the earlier representations as well as any proceedings in her favour within a period of two weeks from the date of receipt of a copy of this order. On such receipt of representation, the respondents 1 and 3 will consider the same and pass appropriate orders on merits and in accordance with law within a period of four weeks thereafter. No costs. Consequently, the connected Miscellaneous petition is closed.