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2013 Supreme(Mad) 1266

M.JAICHANDREN, M.M.SUNDRESH
K. V. Vanaja – Appellant
Versus
Secretary to Government School Education Department – Respondent


Advocates appeared:
For the Appellant:S.M. Subramaniam, Advocate.
For the Respondents:R1 & R2, S. Gunsekaran, Government Advocate, R3, V. Vijayshankar, Advocate.

Judgment :-

M.M. Sundresh, J.

1. This writ appeal has been preferred by the appellant challenging the order of the learned single Judge dated 26.04.2011 by which the writ petition was dismissed.

2. The appellant herein was appointed as Secondary Grade Teacher on 04.08.1964. According to the appellant, she resigned the said post on 15.11.1977 due to medical grounds. It is the further case of the appellant that as per the Government Order passed in G.O.Ms.No.37, Department of Education, Science and Technology, dated 05.01.1983, the appellant is entitled to pension even in a case of resignation. Accordingly, the appellant gave several representations. However, the third respondent rejected the case of the appellant quoting Rule 23 of the Tamil Nadu Pension Rules, 1978. Challenging the same, the writ petition filed, which in turn was dismissed. Hence the present writ appeal.

3. It is seen that the third respondent is only an authority to implement the order of Respondents 1 and 2. In other words, the question as to whether the appellant is entitled for pension either under the Scheme or as per the Government Order has to be decided by respondents 1 and 2 and not by the third respondent.


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