Ramanathan V v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH V.Ramanathan ... Petitioner -vs1.The Chief Educational Officer, Tirunelveli - 627 009.

2.The District Educational Officer (Elementary Education), Vallioor - 627 117, Tirunelveli District.

3.The Block Elementary Educational Officer, Kalakadu - 627 501, Nanguneri Taluk, 4.The Assistant Elementary Educational Officer, Kalakadu - 627 501, Nanguneri Taluk, Tirunelveli District.

5.The Secretary, Neelakanda Hindu Elementary School, Pathai, Kalakadu Post - 627 501, Nanguneri Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay a sum of Rs.9,96,000/- towards salary and retirement benefits of the deceased V.Hariharan

from 01.06.2005 till 03.02.2021 (till his death), by considering the representation given by the petitioner dated 23.09.2023, within a time stipulated by this Court. For Petitioner : Mr.N.Shyllappa Kalyan For R1 to R4 : Mr.M.Siddharthan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents to disburse a sum of Rs.9,96,000/- towards the salary arrears and retirement benefits due to the petitioner's brother late V.Hariharan for the period from 01.06.2005 to 03.02.2021 (the date of his demise), by considering the petitioner's representation dated 23.09.2023.

2. By consent, this Writ Petition is disposed of, at the admission stage itself.

3. Since no adverse orders are going to be passed against the fifth respondent, notice to the fifth respondent is hereby dispensed with.

4. The petitioner's brother, Late V.Hariharan, was originally appointed as a 'Teacher' in the fifth respondent's school and subsequently retired from service as Headmaster on 31.05.2005. Despite serving diligently, the petitioner's brother was not paid any salary from 01.01.1996 until his retirement on 31.05.2005. After retirement, the petitioner's brother made continuous efforts and submitted several representations to the authorities seeking disbursement of his lawful salary arrears and retirement benefits. However, no action was taken. Unfortunately, the petitioner's brother passed away on 03.02.2021 without receiving his rightful dues. Following his demise, the petitioner, being the legal heir, submitted multiple representations, the latest being dated 23.09.2023, requesting settlement of the salary arrears and retirement benefits payable to his deceased brother. Despite repeated representations, there has been no response or action from the respondents, forcing the petitioner to approach this Court.

5. It is submitted by the learned counsel for the petitioner, as well as by the learned Additional Government Pleader appearing for the respondents 1 to 4, that the fifth respondent is required to forward the proposal for the release of the terminal benefits of the petitioner's brother to the first respondent for necessary further action.

6. Recording the above submissions, this Writ Petition is disposed of, with a direction to the fifth respondent to forward the proposal for the release of the terminal benefits of the petitioner's brother to the first respondent, within a period of two weeks from today. On receipt of the said proposal, the first respondent is directed to consider the same and pass appropriate orders on the merits and in accordance with law, within a further period of one month. There shall be no order as to costs.

NCC : Yes / No 26.06.2025 Index : Yes / No smn2 To:- 1.The Chief Educational Officer, Tirunelveli - 627 009.

2.The District Educational Officer (Elementary Education), Vallioor - 627 117, Tirunelveli District.

3.The Block Elementary Educational Officer, Kalakadu - 627 501, Nanguneri Taluk,

4.The Assistant Elementary Educational Officer, Kalakadu - 627 501, Nanguneri Taluk, Tirunelveli District.

5.The Secretary, Neelakanda Hindu Elementary School, Pathai, Kalakadu Post - 627 501, Nanguneri Taluk,

VIVEK KUMAR SINGH , J.

smn2 26.06.2025