The Joint Director of School v. A.Selvi

JUDGMENT (Judgment of the Court was made by R.SURESH KUMAR, J.) This intra-Court appeal has been directed against the order passed by the Writ Court dated 20.06.2023 made in W.P.No.4637 of 2023.

2.1. One Thiru. Ammasai was working as an employee at the fourth appellant School, namely the Government Higher Secondary School, A.Puthupalayam, Bhavani Taluk, Erode District. He died in harness on 29.01.2021, leaving behind the legal heirs, that is his wife and three children, who are the respondents 1 to 3 herein. Out of the legal heirs of the deceased employee, the wife and two sons joined together and filed a writ petition, seeking retiral benefits of the deceased employee.

2.2. The said writ petition was pending and to verify the veracity of the legal heir certificate of the writ petitioners, issued by the concerned Tahsildar dated 04.07.2021, the same was referred to the Revenue Divisional Officer (RDO), Gopichettipalayam, for enquiry and to file a report. Pursuant to the same, the RDO conducted a detailed enquiry and filed his report vide his W.A.No.3801,of,2024 proceedings , dated , 15.06.2023, , whereby, , he , has , stated , the, following:- "nkw;go tprhuiz kw;Wk; Mtz';fspd; K:yk; fhy";brd;w mkk; hir vd;gtUf;F fz;zkk; hs; vd;gtu; Kjy; kidtp vd;gJk;. fz;zkk; hSf;F Fhe;ijfs; ,y;iy vd;gJk; fz;zkk; hspd; j';ifahd bry;tpia ,uz;lhtJ jpUkzk; fz;zk;khns Kd;dpd;W eljj; pa[s;shu; vd;gJk;. mk;khir. bry;tp jk;gjpau;f;F kzpfz;ld;. g{gjp. Nfhgpehj; (,wg;g)[ vd K:d;W Mz; thhpRfs; gpwe;Js;sdu; vd;gJk; tprhuizapd; K:yk; bjupatUfpwJ/ Kjy; kidtp fz;zkk; hs; mk;khir ,wg;gpw;F Kd;nd ,we;Jtpl;ljhYk;. fz;zkk; hSf;F FHe;ijfs; ,y;yhj fhuzjj; pdhYk;. fhy";brd;w mkk; hirf;F thhpRfs; vd kidtp bry;tp. kfd;fs; kzpfz;ld;. g{gjp Mfpa K:d;Wngu; kl;Lk; thhpRfs; Mth;/ vdnt gthdp tl;lhl;rpau; mYtyfj;jpy; fhy";brd;w mkk; hir Page,3,of,8 vd;gtUf;F tH';fg;gl;l TN:7202106163182, ehs;:04.07.2021 thupR

rhd;whdJ bka;ahdJ vd tprhuizapd; mog;gilapy; bjupatUfpwJ/ Mifahy; fhy";brd;w mk;khirf;F thupRfs; vd kidtp bry;tp.; kzpfz;ld (kfd;);. g{gjp (kfd;) Mfpa K:d;W egu;fs; kl;Lk; thhpRfs; vd Cu;Ipjk; bra;J cj;jutplg;gLfpwJ/"

2.3. The report of the RDO has been taken into account by the Writ Court and the learned Single Judge has allowed the said writ petition through the order dated 20.06.2023, which is impugned herein.

¶3The first respondent is the second wife of the deceased employee. During the lifetime of the deceased employee, the first wife died, who is none other than the sister of the first respondent herein/second wife and thereafter, the deceased employee, through the first respondent, has given birth to three children, including the second and third respondents herein.

¶4In view of the said position, the legal heir certificate issued by the Tahsildar, having been considered and an enquiry was conducted, based on which the said findings of the RDO has been given, which is in support of the legal heirs of the deceased employee, the learned Writ Court, having considered all these aspects, including the RDO report, was pleased to give such directions to the appellants herein to release the DCRG and terminal benefits to the writ petitioners within a time frame.

¶5The reasoning given and the conclusion arrived at by the learned Single Judge by giving such directions through the impugned order, in our considered opinion, should be sustained as it does not warrant any interference. The reason being that, when the legal-heir certificate has been found to be genuine and a detailed report has been given by the RDO about the legal-heirship of respondents 1 to 3, there could be no further impediment for releasing the DCRG and the other benefits, payable to the legal-heirs of the deceased employee. Therefore, there is every justification on the part of the learned Single Judge to issue such directions, as has been given through the impugned order.

¶6Resultantly, we do not wish to interfere with the impugned order and the writ appeal fails and accordingly, stands dismissed. The compliance of the order shall be made by the appellant Department within a period of two months from the date of receipt of a copy of this order. Till such time, no coercive steps shall be undertaken by the writ petitioners/respondents 1 to 3 against the appellant Department. There shall be no order as to costs. Consequently, C.M.P.No.29902 of 2024 is closed. (R.S.K., J.) (C.S.N, J)

10.01.2025 drm To:

¶1The Tahsildar Bhavani, Erode District.

R. SURESH KUMAR, J. AND C. SARAVANAN

, J.

(drm)

10.01.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.01.2025 CORAM : THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE C. SARAVANAN 1. The Joint Director of School Education (Establishment) Chennai – 600 006. 2. The Chief Educational Officer Erode, Erode District. 3. The District Educational Officer Gopichettipalayam, Erode District. 4. The Headmaster Government Higher Secondary School A.Puthupalayam, Bhavani Taluk Erode District. .. Appellants Vs. 1. A.Selvi 2. A.Manikandan 3. A.Boobathi 4. The Tahsildar Bhavani, Erode District. .. Respondents Prayer: Appeal filed under Section 15 of the Letters Patent, against the order in W.P.No.4637 of 2023 dated 20.06.2023. For the Appellants : Mr.U.M.Ravichandran Special Government Pleader For the Respondents : Mr.M.Gnanasekar for R1 to R3