M.Devadas v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.10.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.18876 of 2014 M.Devadas [PETITIONER] Vs 1.The State of Tamil Nadu represented by the secretary to Government School Education Department (Higher Secondary) Fort St.George, Chennai 600 009.

2.The Director of School Education (Higher Secondary Schools) D.P.I.Complex, College Road Chennai 600 006.

3.The Chief Educational Officer Tirunelveli, Tirunelveli District.

[Respondents] PRAYER : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus, to direct the first respondent to dispose of the appeal filed by the petitioner on 02.01.2014. For Petitioner : Mr.Devadason For Respondents : Mr.A.Raja Perumal Additional Govt. Pleader **************

O R D E R

The relief sought for in this Writ Petition is to direct the first respondent to dispose of the Appeal preferred by the writ petitioner dated 02.01.2014, in respect of interest for belated settlement of terminal benefits.

2.The writ petitioner was working as School Assistant and subsequently retired from service as Headmaster of the Higher Secondary School with effect from 30.06.2006. On account of the pendency of the disciplinary proceedings, there was a delay in settling the terminal and other retirement benefits to the petitioner. However, the writ petitioner claims that he is not responsible for any such delay. 3.This Court need not adjudicate the merits in relation to the settlement of terminal benefits, as the same was already settled. However, the writ petitioner has submitted an Appeal on 02.01.2014, in respect of payment of interest for the belated settlement of terminal benefits.

4.Thus, without going into the merits and demerits of the matter, the first respondent is directed to consider the Appeal submitted by the writ petitioner dated 02.01.2014 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the Appeal along with the order passed today in this Writ Petition. The Writ Petition stands disposed of accordingly. No costs. 10.10.2017 rpa To 1.The State of Tamil Nadu represented by the secretary to Government School Education Department (Higher Secondary) Fort St.George, Chennai 600 009.

2.The Director of School Education (Higher Secondary Schools) D.P.I.Complex, College Road Chennai 600 006.

3.The Chief Educational Officer Tirunelveli, Tirunelveli District.

S.M.SUBRAMANIAM,J.

rpa

W.P. No. 18876 of 2014 10.10.2017