IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.03.2008 CORAM The Honourable Mr. Justice ELIPE DHARMA RAO and The Honourable Mr. Justice M.VENUGOPAL W.A. No.1364 of 2001 1. Kuilambal W/o. Late T.Balan 2. B.Nathigan, S/o. Late T.Balan ... Appellants/Petitioners Vs. 1. The Director of School Education College Road, Nungambakkam, Chennai.600 006. 2. The Joint Director (Secondary) of School Education, Chennai.6 3. The Chief Educational Officer, Thanjavur. 4. P.V.Selvaraj High School, rep. By the Secretary, School Committee, Ganapathy Nagar, Tanjore. ... Respondents Writ Appeals filed under clause 15 of the letters Patent praying for the relief stated therein. Presented under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent, made in Na.Ka.334538/D4/88, dated 16.11.1989, and quash the same and further direct the respondents to pay the Provident Fund, ADADA, Family pension, Death-cum-retirement Gratuity on the basis of the deceased T.Balan, is deemed to have continued in service till the date of his death viz., 8.9.1989. For Appellants : Mr.R.Singaravelan For Respondents : Mr.S.Rajasekaran, AGP (E) for R1 to R3 No appearance for R.4 - - - https://hcservices.ecourts.gov.in/hcservices/ J U D G M E N T (Judgment of the Court was delivered by ELIPE DHARMA RAO, J.) The writ appeal is directed against the order passed by the learned single Judge of this Court dated 29.9.1999 made in W.P.No.6081 of 1991, whereby the learned single Judge has ordered granting terminal benefits in favour of the legal heirs of the deceased T.Balan, who was working as I Grade Tamil Pandit in the fourth respondent School, viz., P.V.Selvaraj High School, Thanjavur, from 27.11.1967. 2. The facts of the case are that the fourth respondent School was originally a co-education school. In the year 1979, nine male teachers of the School started an agitation against the management, by which act, the strength of students reduced considerably. Therefore, during June 1981, the management took steps to convert the co-education school to that of a Girls High School and initiated action to seek permission for the same. In the meanwhile, during the year 1980, proceedings were initiated transferring the said Late Balan on the ground of surplus staff of the School to George High School, Vishnupuram, Thanjavur District, however, protecting his scale of pay and status. Accordingly, the Correspondent of George High School, Vishnupuram, issued an appointment order dated 15.12.1980. Based on which, the fourth respondent School, by proceedings dated 17.12.1980, re-deployed the deceased T.Balan and relieved him from duty w.e.f. 19.12.1980 enabling him to join George High School w.e.f. 20.12.1980, without break of service. Challenging the same, an appeal was preferred by the deceased T.Balan. Pending appeal, he filed a writ petition before this Court in W.P.No.1541 of 1982 which was disposed of on 6.9.1988 directing the Joint Director of school Education to dispose of the representation dated 24.12.1980. Accordingly, the appeal was disposed of dismissing it on the ground that his service was not satisfactory, by order dated 16.11.1989, which was communicated to his legal heirs, viz., the appellants herein, on 20.12.1989. 3. It is pertinent to note that the during the pendency of the proceedings, Thiru.T.Balan died on 8.9.1989. Therefore, the legal heirs filed filed W.P.No.6081 of 1991 seeking to grant the terminal benefits to which the deceased is entitled to from the date of his appointment i.e. on 27.11.1967, till the date of his death i.e. on 8.9.1989. But the learned single Judge, on consideration of the facts and circumstances of the case, and in view of the dismissal of the appeal filed by the deceased, by order dated 16.11.1989, granted the terminal benefits for the period from 27.11.1967 to 19.12.1980 i.e. till the the date of his transfer, instead of granting the same till the date of his death. Aggrieved of the above, the writ appeal has been filed. https://hcservices.ecourts.gov.in/hcservices/ 4. We have gone through the entire materials placed on record. Heard the learned counsel on either side. 5. We have gathered an information from the counter affidavit filed by the fourth respondent P.V.Selvaraj High School in W.P.No.6081 of 1991, so as to interfere with the order passed by the learned single Judge, wherein it has been stated admitting that the deceased T.Balan was appointed as Tamil Pandit in their School on 27.11.1967 and due to some gross agitation by nine male teachers during the year 1979, the strength of students got decreased drastically in the year 1980. Therefore, they have taken steps to convert the co-education school to that of a Girls High School and initiated action to obtain permission in the month of June 1981. It is to be noted that even before the conversion of the above said co-education school to that of a Girls High School, by order dated 17.12.1980 itself, the deceased T.Balan was transferred on the ground of 'surplus' to George High School, Vishnupuram. Accordingly, the Correspondent of George High School has given a fresh appointment by order dated 15.12.1980, as per the proceedings of the Chief Educational Officer, Thanjavur. The fourth respondent P.V.Selvaraj High School, Thanjavur, by order dated 17.12.1980, relieved him from duty w.e.f. 19.12.1980 to enable him to join the George High School, w.e.f. 20.12.1980, without break of service. Aggrieved by the above, he filed an appeal petition before the Chief Educational officer, Thanjavur. Though reminders were made on 5.1.1981, 10.3.1981 and also by a lawyer's notice seeking to dispose of the appeal petition, there was no response. Therefore, pending appeal, he filed a writ petition before this Court in W.P.No.1541 of 1982 which was disposed of on 6.9.1988 directing the Joint Director of School Education to dispose of the representation dated 24.12.1980. Ultimately, the appeal petition was dismissed by the appellate authority, by order dated 16.11.1989, adding a new ground of casting a stigma on Late T.Balan that his service was not satisfactory. 6. As seen from the counter affidavit filed by the fourth respondent in W.P.No.6081 of 1991, it is clear that only due to the conversion of the co-education school to that of a Girls High School, steps were taken in June 1981, but even before which, he was made to transfer on the ground of 'surplus staff', by order dated 17.12.1980. 7. But, quite surprisingly, the appellate authority, by order dated 16.11.1989, added a new ground of dis-satisfaction of the work by Late T.Balan, which cannot at all be accepted. The new ground attributed while disposing of the appeal is quite contrary to law, when there are no reasons assigned by the fourth respondent School in his counter affidavit. Moreover, for the first time, at the time of disposal of the appeal, this allegation was made against the said Late T.Balan. Therefore, we are not satisfied with the reasons assigned for the dismissal of the appeal petition by the appellate authority in his order dated 16.11.1989, which is quite contrary to law, as it has been stated in the counter affidavit filed by the fourth respondent that only to the https://hcservices.ecourts.gov.in/hcservices/ conversion of the co-education school to that of a Girls High School, the order of transfer was effected by the Correspondent of P.V.Selvaraj High School. Therefore, it can be said that only to benefit the Correspondent of P.V.Selvaraj High School, the 4th respondent herein, the entire proceedings were initiated by the Chief Educational Officer, including the order of the appellate authority. Therefore, the impugned orders dated 15.12.1980, 17.12.1980 and 16.11.1989 are liable to be set aside and accordingly they are set aside. In view of the same, the deceased is deemed to be in service till the date of his death i.e. on 8.9.1989 and his legal heirs, viz., the appellants herein are entitled to the service benefits as well as the terminal benefits from 27.11.1967 to 8.9.1989 i.e. from the date of his original appointment till the date of untimely death of the deceased T.Balan. 8. From the above discussions, it is crystal clear that the deceased T.Balan was subjected to both physical and mental agony and made to approach this Court twice by way of writ petitions. Therefore, in the interest of justice, we consider it appropriate that the legal heirs of the deceased, viz., the appellants herein are entitled to an interest at 8% per annum on the service benefits as well as the terminal benefits with from 27.11.1967 to 8.9.1989 i.e. from the date of his original appointment till the date of the death of the deceased T.Balan. The writ appeal is allowed in the above manner. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar gs. To 1. The Director of School Education, College Road, Nungambakkam, Chennai.600 006. 2. The Joint Director (Secondary)of School Education, College Road, Chennai.600 006. 3. The Chief Educational Officer, Thanjavur. 1 cc to the Govt. Pleader, SR.No.17203 KSK (CO) MMP 3.4.08 W.A. No.1364 of 2001 https://hcservices.ecourts.gov.in/hcservices/