A.Francis Mariadoss v. District Elementary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.19261 of 2015 and M.P.Nos.1 & 2 of 2015 A.Francis Mariadoss

...Petitioner

Vs.

1. District Elementary Educational Officer, Namakkal, Namakkal District.

2. The Manager, R.C.Schools, Salem, Namakkal Districts, Mary Palace, 63, Thammannan Road, Salem 636 009, Salem District.

3. The Correspondent, St. Mary R.C.Primary School, Marappanaickenpatty, Namakkal, Namakkal District.

4. The Accountant General, (Accounts & Entitlements), Anna Salai, Chennai-18.

...Respondents

PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India praying for an issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the 1st respondent in his proceedings Na.Ka. No.4191/A2/2014 dated 19.12.2014, the order passed by the 3rd respondent in his Letter No.3/2012 dated 6.3.2015 and the order passed by the 2nd respondent in his proceedings D.O.S. Ref.7/2015 dated 6.6.2015 and quash the same and direct the respondents to settle all the terminal benefits to the petitioner with interest @ 18% and confer all the consequential benefits.

For Petitioner : Mr.P.Ganesan for M/s.C.S.Associates For Respondent : Mrs.S.Anitha No.1 Special Government Pleader For Respondent : Mrs. H.Mary Sowmi Rexi Nos.2& 3 For Respondent : Mrs.J.Sree Vidya No.4

O R D E R

The third respondent management of the school after disposal of the disciplinary proceedings submitted a pension proposal to the competent educational authorities to settle all the terminal and pensionary benefits. The pension proposal was submitted to grant benefits from the date of retirement and the learned counsel for the petitioner made a submission that the proposal is to be considered by the competent authorities. 2.In view of the facts and circumstances that the pension proposal had already been submitted by the school management. The first respondent has to take necessary action to consider the proposal and pass appropriate orders on merits and in accordance with law. The said exercise is directed to be done as expeditiously as possible. Accordingly, the writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sms/sli To

1. The District Elementary Educational Officer, Namakkal, Namakkal District.

2. The Manager, R.C.Schools, Salem, Namakkal Districts, Mary Palace, 63, Thammannan Road, Salem 636 009, Salem District.

3. The Correspondent, St. Mary R.C.Primary School, Marappanaickenpatty, Namakkal, Namakkal District.

4. The Accountant General, (Accounts & Entitlements), Anna Salai, Chennai-18.

+1cc to M/s.C.S.Associates, Advocate, S.R.No.35682 +1cc to M/s.Hema Muralikrishnan, Advocate, S.R.No.35842 W.P.No.19261 of 2015 SVI[co] NSK/11/07/2022