Madras High CourtWP/14856/2020allowed

A.Bonphilis Mary v. The Principal Secretary To

2021-12-10Honourable Mr Justice V. Parthiban4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2021

CORAM:

THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No.14856 of 2020 and W.M.P No.18455 of 2020 S.Bonphilis Mary ... Petitioner Vs.

1. The Principal Secretary to Government of Tamil Nadu Department of School Education, Secretariat, Chennai.

2. The Joint Director of School Education, (Elementary Education) Chennai.

3. The Chief Education Officer, Udhagamandalam, The Nilgiris.

4. The District Education Officer, Gudalur, The Nilgiris.

5. The Block Education Officer, Gudalur, The Nilgiris.

6. The Head Master, Panchayat Union School, Health Camp, Gudalur, The Nilgiris.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue writ of certiorarified mandamus calling for the fourth respondent relating to the order bearing O.Mu.No:2970/B1/2019 dated 31.10.2019 and quash the same and consequently direct the Respondents 3, 4 and 5 to permit the petitioner to voluntarily retire from service with all back wages and benefits applicable along with the terminal benefits. For Petitioner : Mr.L.Chandrakumar for Mr.Thangavadana Balakrishnan For Respondent : Mr. Abishek Murthy, Nos. 1 to 5 Government Advocate.

For Respondent : No appearance No.6

O R D E R

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Certiorarified Mandamus calling for the fourth respondent relating to the order bearing O.Mu.No:2970/B1/2019 dated 31.10.2019 and quash the same and consequently direct the Respondents 3, 4 and 5 to permit the petitioner to voluntarily retire from service with all back wages and benefits applicable along with the terminal benefits.

2. The petitioner was appointed as a Secondary Grade Teacher at Panchayat Union Elementary School at Kariampatti, Singampunari on 09.10.1986. The petitioner has completed thirty years of service as on 18.10.2016. According to her, she fell sick and was advised to undergo open heart surgery. As per the advise of the Doctor, she underwent open heart surgery on 10.07.2018 and after the surgery, she was unable to focus on her work due to her health condition. In the above circumstances, she applied for voluntary retirement on 28.08.2018. As there was no response, she sent another application dated 31.10.2018 through the sixth respondent. The sixth respondent forwarded the letter to the higher officials and it was also referred to the Police Department for getting No Objection Certificate from them. According to the petitioner, the Police Department has also issued No Objection Certificate on 19.09.2019.

3. When the matter stood thus, the voluntary retirement application of the petitioner came to be rejected on 31.10.2019 by the fourth respondent stating that the petitioner had been on leave from 01.08.2019 to 29.10.2019 and she had not joined the duty as on 31.10.2019. The petitioner had appealed against the rejection order, on 07.11.2019, to the third respondent. Thereafter, the petitioner was referred to the Medical Board on 21.01.2020. The petitioner also appeared in the Medical Board and she was further referred to another Medical Board, Coimbatore. According to her, she appeared before the Medical Board twice on 01.06.2020 and 08.06.2020.

4. According to the petitioner, due to the onset of pandemic in the country and in the State, thereafter she could not pursue her voluntary retirement application. But, without any rhyme or reason, the application has been pending for more than three years and therefore, she is before this Court.

5. Challenging the rejection order dated 31.10.2019, this present writ petition has been filed.

6. In response to the notice, Mr.Abishek Murthy, learned Government Advocate appeared for the respondents 1 to 5 and the counter affidavit has been filed.

7. According to the counter affidavit, the petitioner had gone on leave on loss of pay from 01.08.2019 to 29.10.2019 and not joined duty as on 30.10.2019. The fifth respondent in the counter affidavit, has quoted G.O.No.350, Personnel and Administrative Reforms Department, dated 07.10.1991, which imposed a condition that if an employee had taken earned leave or unearned leave on medical certificate for private affairs, after joining duty only, he will be entitled to all benefits. Further reason stated in the counter affidavit was that, when a further reference was made for appearing before the Cardiology Department, the petitioner did not choose to appear and therefore, the voluntary retirement application is pending.

8. The first reason stated by the fifth respondent is about non-joining of duty by the petitioner in terms of the above said Government Order cited in the counter affidavit. When the petitioner's counsel is confronted with the objections, the learned counsel immediately reverted that he would advise his client to go and join duty on 20th of this month and if that is the only objection, then her voluntary retirement application can be immediately directed to be processed and she can be relieved from duty immediately.

9. According to the learned counsel, having undergone the open heart surgery, the petitioner finds it extremely difficult to work and any further insistence on her work, would result in grave hardship to the petitioner.

10. At this, the learned Government Advocate submitted that in case she chooses to join on 20.12.2021, the Department may be directed to process the voluntary retirement application, as he No Objection Certificate has already been obtained and there would be no further legal impediment for acceptance of the voluntary retirement application.

11. In view of the above narrative, the petitioner is directed to join duty on 20.12.2021, at the place of her work and after her joining of duty on 20.12.2021, the respondents are directed to immediately process her application of voluntary retirement as per the Rules and pass the relieving order, if the application is otherwise in order, within two weeks from the date of her joining duty.

12. The respondents/competent authority are directed to pass appropriate orders in this regard and on relieving the

petitioner, the petitioner is also entitled to all other admissible benefits in terms of the Rules that govern the fact situation.

13. It is made clear that the respondents are not to cause any further delay in processing the voluntary retirement application of the petitioner, in case, the petitioner chooses to join on 20.12.2021 and shall pass appropriate orders as expeditiously as possible, not later than two weeks from 20.12.2021.

14. Accordingly, the Writ Petition stands disposed of. No costs. Connected Miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar cs To