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Madras High Court

M.Shantha Sheela vs The Joint Director Of College Education on 2 March, 2023

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                           W.P.(MD)No.4395 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED:02.03.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                            W.P.(MD)No.4395 of 2023

                     M.Shantha Sheela                               ... Petitioner
                                                           Vs.

                     01.The Joint Director of College Education,
                        Tirunelveli Region,
                        Tirunelveli District.

                     02.The Secretary,
                        Madurai Thiraviyam Thayumanavar Hindu College,
                        Tirunelveli – 627 010.

                     03.The Principal,
                        Madurai Thiraviyam Thayumanvar Hindu College,
                        Tirunelveli – 627 010.                        ... Respondents

                     Prayer:Writ Petition is filed under Article 226 of the Constitution of
                     India, to issue a Writ of Mandamus, directing the respondents to consider
                     the petitioner's representation dated 10.03.2022 and direct the
                     respondents to pass orders on the representation to settle the benefits
                     under the Contributory Pension Scheme and other leave benefits within
                     the time frame fixed by this Court.


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https://www.mhc.tn.gov.in/judis
                                                                                    W.P.(MD)No.4395 of 2023


                                         For Petitioner            : Mr.K.Suyambulinga Bharathi
                                         For R-1                   : Mr.G.V.Vairam Santhosh,
                                                                     Additional Government Pleader


                                                           ORDER

This writ petition has been filed for a direction to the respondents to consider the petitioner's representation, dated 10.03.2022 and to direct the respondents to pass orders on the representation to settle the benefits under the Contributory Pension Scheme and other leave benefits, within a specified period.

2. The case of the petitioner is that in the year 2008, the petitioner joined the service as a Lecturer in Economics Department at Madurai Thiraviyam Thayumanavar Hindu College, Tirunelveli. Subsequently, she got promotion to the post of Assistant Professor and joined duty on 02.01.2016. Thereafter, due to personal reasons, the petitioner resigned the said post and has given resignation letter to the College Committee on 23.07.2021. Based on the same, the College Committee passed a resolution and accepted the resignation of the petitioner and the 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4395 of 2023 petitioner was relieved from duty on 20.10.2021. Thereafter, the petitioner made a request to the respondents to settle the amount payable to her under the Contributory Pension Scheme and other leave benefits. In spite of several requests, no fruitful result came. Hence, the petitioner made a representation to the respondents on 10.03.2022 requesting them to settle the benefits. However, no order was passed so far. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to dispose of the representation of the petitioner, dated 10.03.2022, on merits and in accordance with law, within a specified period.

4. Heard the learned Additional Government Pleader appearing for the first respondent.

5. Since no adverse order is going to be passed as against the respondents 2 and 3, notice to them, is dispensed with. 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4395 of 2023

6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the petitioner's representation, dated 10.03.2022 and pass appropriate orders with regard to forwarding of proposal to the Educational Authorities, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

02.03.2023 pm NCC:Yes/No Index:Yes/No 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4395 of 2023 To

01.The Joint Director of College Education, Tirunelveli Region, Tirunelveli District.

02.The Secretary, Madurai Thiraviyam Thayumanavar Hindu College, Tirunelveli – 627 010.

03.The Principal, Madurai Thiraviyam Thayumanvar Hindu College, Tirunelveli – 627 010.

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