B.David v. The District Educational Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04..07..2023 Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.17943 of 2023 B.David ..... Petitioner -Versus1.The District Educational Officer, Thiruvallur, Thiruvallur District.
2.The District Elementary EducationalOfficer, Kadambathur, Thiruvallur District.
3.The Block Educational Officer (II), Kadambathur, Thiruvallur District.
..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent to provide bonus increment benefits of late Mrs.D.Alice Christinal, Retired Head Mistress to the petitioner as per the proceedings of the 2nd respondent in Na.Ka.No.1133/A/2018 dated 19.10.2018.
For Petitioner : Mr.S.Patrick For Respondents : Mr.P.Baladhandayutham, Spl. Government Pleader for RR1 to 3
ORDER
This writ petition seeks a writ in the nature of mandamus, directing the 1st respondent to grant bonus increment benefits payable to late Mrs.D.Alice Christinal, Retired Head Mistress as per the proceedings of the 2nd respondent in Na.Ka.No.1133/A/2018 dated 19.10.2018 and pass on the monetary benefits to the petitioner, who is the husband of the deceased government servant.
2. The wife of the petitioner namely, Mrs.D.Alice Christinal, was a retired Head Mistress. She had worked in the Department for about 39 years and got retired from service on 31.02.2022. She was a pensioner. She died on 13.07.2022 due to cancer. During her life time she had made several representation for the grant of bonus increment, but the same were not considered. The grievance of the petitioner is that despite a proposal dated 19.10.2018 in Na.Ka.No.1133/A2018 from the 2nd respondent, the amount payable to the deceased government servant has not been granted. The petitioner being a legal heir and family pensioner has come forward with the present writ petition seeking relief as set out in the first paragraph of this order.
3. The learned Special Government Pleader has produced a xerox copy of counter said to have been filed by the 2nd respondent wherein it has been stated that as per G.O.Ms.No.101 (School Education) Department, dated 18.05.2018 and G.O.Ms.No.151 (School Education) Department dated
09.09.2022, a new District Educational Office (Elementary) was formed by bifurcating the existing District Elementary Educational Office at Thiruvallur and during shifting of the office, the files relating to the deceased government got mixed with the other records and as such there has been a delay in sanctioning the monetary benefits to the individual concerned. It is further stated in the counter affidavit that the 3rd respondent would collect all relevant materials from the school where the individual lastly served and sanction the bonus increment due to the deceased government servant. In the light of the above, the 1st respondent is directed to pass appropriate orders on the proposal sent by the 2nd respondent in Na.Ka.No.1133/A/2018 within a period of three months from the date of receipt of a copy of this order. This writ petition is disposed of accordingly with the above directions. No costs.
04..07..2023 Index : yes / no : yes / no Speaking / Non Speaking Order kmk
To 1.The District Educational Officer, Thiruvallur, Thiruvallur District.
2.The District Elementary EducationalOfficer, Kadambathur, Thiruvallur District.
3.The Block Educational Officer (II), Kadambathur, Thiruvallur District.
N.SATHISH KUMAR.J., kmk 04..07..2023