A physically challenged Night Watchman sought a direction to the District Educational Officer to consider his representation for monthly conveyance allowance under G.O.Ms.No.236 dated 01.06.2009. The court, without going into merits, directed consideration within twelve weeks.
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W.P.(MD).No.3081 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.3081 of 2024
Isnowar
... Petitioner
Vs
The District Educational Officer, District Education Office, Kumbakonam Eductional District, Thanjavur District.
... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent herein to consider petitioner's representation, dated 11.10.2023 and to provide the monthly conveyance allowance as per the G.O.Ms.No.236, dated 01.06.2009 within the stipulated time period fixed by this Court.
For Petitioner : Ms.M.Viji
For Respondents : Mr.M.Sarangan Additional Government Pleader
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ORDER
The present writ petition has been filed seeking a direction to the respondent herein to consider petitioner's representation, dated 11.10.2023 and to provide the monthly conveyance allowance as per the G.O.Ms.No.236, dated 01.06.2009 within the stipulated time period fixed by this Court.
2 .By consent of both parties, considering the limited relief sought
for by the petitioner, the Writ Petition is taken up for final disposal at the stage of admission itself.
3.Heard, the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent. Perused the materials on record.
4.The petitioner was a physically challenged person having 60% of
disability. He was appointed as Night Watchman as on 23.11.2012 in Thipprajapuram Government Higher Secondary School, Thanjavur District. The Government of Tamil Nadu issued Government Order in G.O.Ms.No.236, dated 01.06.2009 to provide monthly allowance to the physically challenged
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persons. Hence, the petitioner is eligible to get the said allowance as per the aforesaid G.O. In this regard, the petitioner sent a detailed representation, dated 11.10.2023 to provide him with conveyance allowance in terms of aforesaid G.O. However, the same was not considered. Hence, this writ petition came to be filed.
6.Considering the limited scope of the relief sought for by the petitioner, without going into the merits of the case, this Court hereby direct the respondent to consider the representation of the petitioner, dated 23.11.2022 in line with G.O.Ms.No.236, dated 01.06.2009 and pass appropriate order in
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accordance with law, within a period of twelve (12) weeks, from the date of receipt of a copy of this order.
7.With the above direction, this writ petition stands disposed of.
There shall be no order as to costs.
13.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM
To The District Educational Officer, District Education Office, Kumbakonam Eductional District, Thanjavur District.
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L.VICTORIA GOWRI, J.
PNM
ORDER IN W.P.(MD).No.3081 of 2024
13.02.2024
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1 issue framed by the court
Whether the respondent was bound to consider the petitioner's representation seeking conveyance allowance under G.O.Ms.No.236 dated 01.06.2009 for a physically challenged employee?
1 provisions across 1 enactments
Isnowar
The District Educational Officer, District Education Office, Kumbakonam Eductional District, Thanjavur District
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
