1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21/03/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.728 of 2011 M.V.Paramasivam ... Petitioner Vs. 1.The District Education Officer, The District Education Office, Trichy. 2.The Secretary, UDV Higher Secondary School, Town Station Road, Trichy. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the respondents to dispose of the petitioner's representation dated 30.06.2010 on merit and in accordance with law. For petitioner ... Mr.M.Subash Babu For Respondents ... Mr.P.Thilakkumar For R-1 Additional Government Pleader For R-2 Mr.G.R.Swaminathan O R D E R The petitioner has approached this Court by filing the Writ Petition for a mandamus directing the respondents to dispose of his representation dated 30.06.2010, in and by which, he sought for the retirement benefits. 2. The short matrix of the matter is set out hereunder: (a) The petitioner was working as Intermediate Teacher at U.D.V. Higher Secondary School at Trichy, the second respondent herein. The Assistant Registrar of the Co-operative Society preferred a complaint dated 07.12.2005 against him to CCIW stating that when he was working as a Vice President in the U.D.V. Employees co-operative Society, he has misappropriated funds. FIR was registered against him in Crime No.7 of 2005 under various provisions of IPC. He was arrested and released on bail on 19.12.2005 by the learned Sessions Judge, Trichy. (b) After his arrest, the first respondent placed him under suspension by an order dated 27.12.2005. The petitioner therefore filed a Writ Petition before this Court in W.P.(MD) No.7885 of 2006 and the same was allowed on 14.09.2006. Thereafter, the order of suspension was https://hcservices.ecourts.gov.in/hcservices/ 2 revoked on 25.09.2006 and he has joined as a concerned Teacher. Later, he was acquitted in the criminal case and an order of acquittal was passed by the learned Judicial Magistrate, Trichy in C.C.Nos.174 to 184 of 2007. (c) On 30.06.2010, he has retired from service on attaining the age of superannuation. However, the retirement benefits have not been given to him. Hence, the petitioner made a representation dated 30.06.2010 to the respondents. However, the said representation was not considered and hence the petitioner was driven to file the present Writ Petition. 3. A Counter affidavit has been filed by the first respondent, wherein, the following facts have been set out:- While the petitioner was in service, he was charged with various offences under IPC and he was arrested and let on bail. The petitioner therefore was placed under suspension. He has challenged the same before this Court in W.P.No.7885 of 2006 and Interim stay was granted. Thereafter, the order of suspension was revoked. After retirement, the petitioner did not submit the order of acquittal passed against him. The second respondent is the authority for drawing and disbursing of the retirement benefits of the petitioner. Since the petitioner did not produce the judgment, no action was taken by the second respondent for disbursement of the benefits to the petitioner. 4. On the basis of the above pleadings, I have heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the first respondent and the counsel appearing for the second respondent. 5. The facts which are not disputed are that the petitioner was working as an Intermediate Teacher at the second respondent school. It is also not disputed by the petitioner that the petitioner was arrested for various offences under IPC and later let on bail. Therefore, he was placed under suspension. He has moved this Court challenging the order of suspension in W.P.No.7885 of 2006. This Court has granted interim stay of the order of suspension. Finally, the same was disposed of on 19.07.2010. The operative portion of the order is extracted hereunder: “11.During the course of hearing of this Writ Petition, it is brought to the notice of this Court that the petitioner has attained the age of superannuation, and retired from service. In view of the said fact and having regard to the legal pronouncement stated supra, this Court is of the considered view that there is no manifest legality in the impugned order of suspension. However, the first respondent Management is directed to pay the salary and other allowances due and payable to the Writ Petitioner for the period, beyond the period stipulated under Section 20(3)(a) and (b) of the Tamil Nadu Recognised Private Schools (Regulation) Act 1973. https://hcservices.ecourts.gov.in/hcservices/ 3 12. With the above directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.” 6. Thus, the order of suspension was revoked against the petitioner pursuant to the order of this Court and also the petitioner was allowed to retire. In such circumstances, the respondents cannot withhold the benefits available to the petitioner. Even this Court in the said judgment has held so. 7. In view of the above stated position, I am inclined to pass the following order: (a) the petitioner is directed to approach the respondents with a request to pay the retirement benefits to him by enclosing the copy of the judgment passed by the criminal Court, in and by which the petitioner is said to have been acquitted. The petitioner is directed to send the representation to the respondents enclosing the order of acquittal, within a period of two weeks from the date of receipt of a copy of this order. (b) On receipt of the same, the second respondent School is directed to forward the proposal to the first respondent for payment of the amount due to the petitioner within two weeks thereafter. (c) On receipt of the same, the first respondent is directed to consider the case of the petitioner in the light of the observations made above within a period of four weeks thereafter. The Writ Petition is ordered accordingly. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The District Education Officer, The District Education Office, Trichy. 2.The Secretary, UDV Higher Secondary School, Town Station Road, Trichy. +1 CC to Special Government Pleader (SR.No.7792) +1 CC to Mr.M.Subash Babu, Advocate (SR.No.7343) +1 CC to Mr.G.R.Swaminathan, Advocate (SR.No.7634) W.P.(MD) No.728 of 2011 21.03.2011 RR NSV/1.4.2011/3P/6C https://hcservices.ecourts.gov.in/hcservices/