Iruthaya Samy v. The District Educational Officer (Elementary)

ORDER The present petition has been filed seeking a writ of mandamus directing the 1st respondent to consider the petitioner's representation dated

12.12.2024 for the release of all terminal benefits, including monetary benefits from 14.12.2012 to 30.04.2023, as well as pension under old scheme, within a stipulated time.

¶2Heard Mr.P.M.Vishnu Varthanan, learned counsel for the petitioner, and Mr.N.Satheesh Kumar, learned Additional Government Pleader for the respondents.

¶3While the petitioner was working as a Secondary Grade Teacher at Panchayat Union Middle School, Mangalamkombu, Kodaikanal Block, he was involved in a criminal case and in view of the same, he was placed under suspension on 14.12.2012 by proceedings in R.C.No.5312/A1/2012. While continuing under suspension, the petitioner attained the age of superannuation on 30.04.2023.

¶4The grievance of the petitioner in the present petition is with regard to the non-payment of terminal and pensionary benefits and non-payment of monetary benefits for the period of suspension.

¶5Claiming the said benefits, the petitioner submitted a representation dated 12.12.2024 before the first respondent, but the first respondent has not taken any action on the said representation. The first respondent has filed a counter affidavit stating that two criminal cases, in which the petitioner was involved, were pending for a long period and for that reason, the terminal benefits of the petitioner could not be settled and the suspension continued. It is further stated that the petitioner has been acquitted in both the criminal cases, and the first respondent is in the process of ascertaining whether any appeals have been filed against the said orders of acquittal passed in favour of the petitioner. Upon receipt of such information, the case of the petitioner will be considered for the release of pensionary benefits under the old pension scheme, by duly considering his representation dated 12.12.2024 in accordance with the applicable rules.

¶6Mr.N.Satheesh Kumar, Additional Government Pleader, on further instructions, submitted that the representation submitted by the petitioner would be duly considered once the period of suspension from 14.12.2012 to

30.04.2023 is regularised in one way or another.

¶7Taking into consideration the fact that the petitioner already attained the age of superannuation as early as on 30.04.2023 and has not received any of the terminal benefits, this Court is of the considered view that it is not proper on the part of the first respondent to keep the matter pending any longer. Accordingly, there shall be a direction to the first respondent to consider the representation dated 12.12.2024 submitted by the petitioner and ensure that all terminal and pensionary benefits due and payable to the petitioner, in accordance with law, are released as expeditiously as possible, preferably within a period of two (2) months from the date of receipt of a copy of this order, by completing all the formalities.

¶8With the above direction, this Writ Petition is disposed of.

24.03.2026 (1/2) Index:Yes/No

Speaking Order :Yes/No mkn To

1.The District Educational Officer (Elementary), Oddanchatram Educational District, Oddanchatram, Dindigul District. (Formerly known as the District Educational Officer (Elementary), Bathlagundu Educational District, Bathlagundu.)

2.The Block Educational Officer, Kodaikanal, Dindigul District. MUMMINENI SUDHEER KUMAR

, J.

mkn

24.03.2026 (1/2)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026 CORAM THE HONOURABLE MR JUSTICE MUMMINENI SUDHEER KUMAR Iruthaya Samy .. Petitioner Vs. 1.The District Educational Officer (Elementary), Oddanchatram Educational District, Oddanchatram, Dindigul District. (Formerly known as the District Educational Officer (Elementary), Bathlagundu Educational District, Bathlagundu.) 2.The Block Educational Officer, Kodaikanal, Dindigul District. .. Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 12.12.2024 to grant all the service benefits including monetary benefits from 14.12.2012 to 30.04.2023 as well as pension under old scheme, within a time stipulated by this Court. For Petitioner : Mr.P.M.Vishnu Varthanan For Respondents : Mr.N.Satheesh Kumar, Additional Government Pleader