Madras High Court

T.Ramamoorthy vs Sri Ramakrishna Vidhyalaya High School on 9 June, 2015

Author:
S.Vaidyanathan

Bench:
S.Vaidyanathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 09.06.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

W.P.(MD)No.9152 of 2015

T.Ramamoorthy ... Petitioner

Vs.

1.Sri Ramakrishna Vidhyalaya High School,
Rep.by its Secretary,
Thirupparaithurai,
Trichirappalli District.

2.The State of Tamil Nadu,
Rep.by the Secretary,
Education Department,
School Education(B2)
Fort.St.George,
Chennai-600 009.

3.The Joint Director of School Education
(Secondary Education),
Government of Tamil Nadu,
Office of the Director of School Education,
College Road,
Chennai-600 006,

4.The Chief Educational Officer,
Trichirappalli. ...Respondents

PRAYER
Writ Petition is filed under
Article 226
of the Constitution of India
for the issuance of a Writ of Mandamus to direct the respondents to consider
the petitioner's representations dated 07.06.2011, 06.07.2011, 26.11.2011,
19.08.2013 and 19.03.2015 and pay full retirement benefits such as S.P.F,
T.P.F, Leave Salary, Gratuity, Commutation of Pension and Service Pension
with interest to him.

!For Petitioner :Mr.T.Banumathy

For Respondents:Mr.T.S.Mohamed Mohideen
Addl.Govt.Pleader for R2 to R4.

:ORDER

Mr.T.S,.Mohamed Mohideen, learned Additional Government Pleader takes
notice for the respondents 2 to 4 and by consent of both the parties, the
main writ petition itself is taken up for final disposal at the stage of
admission.

2. Heard the learned Counsel appearing for the petitioner and the
learned Additional Government Pleader appearing for the respondents 2 to 4.

3. The petitioner seeks a Writ of Mandamus to direct the respondents to
consider the petitioner's representations dated 07.06.2011, 06.07.2011,
26.11.2011, 19.08.2013 and 19.03.2015 and pay full retirement benefits such
as S.P.F, T.P.F, Leave Salary, Gratuity, Commutation of Pension and Service
Pension with interest.

4. It is represented by the petitioner that he petitioner is a Teacher,
who, after facing several rounds of litigation on account of disciplinary
proceedings, and ultimately finding that he got clean records, was paid
consolidated arrears of salary amounting to Rs.5,00,000/-.

5. The learned Counsel appearing for the petitioner submitted that the
petitioner is entitled to various benefits, like, leave salary, Gratuity,
commutation of pension, service pension etc, together with interest and that
the petitioner attained the age of superannuation on 30.11.1997. Though the
litigation finally ended on 15.03.2011, in spite of several representations,
the respondents have not taken any action to release the terminal benefits.
The petitioner has recently been informed by the respondents that in the
event of furnishing necessary documents/records his retiral benefits would
be determined and paid to him if not already paid.

5. Taking note of the submissions of the petitioner and the fact that
the respondents have no objection for considering the representations of the
petitioner, the request of the petitioner based on the representation dated
19.03.2015 read with representation dated 07.06.2011, shall be considered by
the respondents and suitable orders be passed thereon after hearing the
petitioner in person. It is open to the petitioner to give any additional
documents, if required, during the personal hearing, so that the respondents
shall pass appropriate orders on the same within a period of two months from
the date of receipt of a copy of this order.

6. Accordingly, this writ petition is disposed of. No costs.

TO

1.Sri Ramakrishna Vidhyalaya High School,
Rep.by its Secretary,
Thirupparaithurai,
Trichirappalli District.

2.The State of Tamil Nadu,
Rep.by the Secretary,
Education Department,
School Education(B2)
Fort.St.George,
Chennai-600 009.

3.The Joint Director of School Education
(Secondary Education),
Government of Tamil Nadu,
Office of the Director of School Education,
College Road,
Chennai-600 006,

4.The Chief Educational Officer,
Trichirappalli.

