ALICE R T SOLOMON Vs. COMMISSIONER AND SECRETARY

JUDGEMENT

(1.) DURING the pendency of this Writ Petition, the petitioner died. By order made in W.P.M.P.2153 of 2007, dated 16.11.2007, the legal representatives have been brought on record.

(2.) IT is the case of the petitioner that she joined as Secondary Grade Teacher on 16.6.1953 in Sri J.R.E.T. (Janaki Ramachandran Educational Trust) Primary School Aided School at Chennai and she worked in that school till 18.6.1973. She was constrained to submit her resignation due to family circumstances. Subsequently, her husband deserted the petitioner with her two children on 22.9.1973. Thereafter, she joined as Secondary Grade Teacher in Krishnasamy Matriculation Higher Secondary School at Nungambakkam on 14.7.1973 and worked in that school till 9.6.1977. In the meantime, she acquired B.A. Degree in 1974, B.Ed. in 1975 and also completed Post Graduation. She resigned from that school and thereafter, on 10.6.1977, joined St.Maris Matriculation Higher Secondary School, Chennai as B.T. Assistant and she worked in that school till 30.6.1994 and retired on attaining the age of superannuation.

(3.) THE petitioner has further submitted that several representations were sent to the educational authorities and she submitted a representation dated 9.1.1999, to the Accountant General (Accounts and Entitlements), Government of Tamilnadu and in response to the said representation, the Principal Accountant General, Madras in his letter dated 15.11.1999 sent a reply stating that as the petitioner did not join any government educational institution after resignation and that since she had joined only a Matriculation School, the Accountant General (A & E) Chennai, directed the petitioner to approach the government for relaxation of the provisions for sanction of pension. THEreafter, the petitioner approached Legal Aid Services Authority and they sent a representation dated 22.7.2000 through a counsel, seeking payment of pension with effect from 6.6.1981 as per G.O.Ms.No. 37, Education Department, dated 5.1.1983. THE Secretary, Government of Tamilnadu by the impugned order dated 25.8.2001, has rejected the request of the petitioner for sanction of pension on two grounds (i) that since the petitioner had resigned from an aided school on 18.6.1973, i.e. after the date of commencement of the pension rules, dated 1.4.1955 and (2) she had not satisfied the requirements under rule 12 (a) (b) of the Pension Rules, applicable to private school teachers. THE said order is under challenge in this Writ Petition.