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Madras High CourtWA(MD)/1203/2025disposed of

Urumu Dhanalakshmi College v. P.Bindu

2025-04-30Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and CMP(MD)No.7484 of 2025 Urumu Dhanalakshmi College, Rep by its Secretary, Kalki Ramakrishnan, Kattur, Trichy District - 620 019.

... Appellant vs.

1. P.Bindu

2. The Director of Collegiate Education, DPI Campus, College Road, Chennai - 06.

3. The Regional Joint Director of Collegiate Education, Trichy Region, Trichy - 23.

... Respondents PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 29.07.2024 made in W.P(MD)No.17365 of 2024.

For Appellant : Mr.Isaac Mohanlal, Senior Counsel for M/s.Isaac Chambers For R2 & R3 : Mr.J.Ashok Additional Government Pleader Page No.1 of 4

JUDGMENT

(Judgment of the Court was made by S.SRIMATHY, J.) This writ appeal is filed against the order dated 29.07.2024 made in W.P(MD)No.17365 of 2024.

2.

The present writ appeal is preferred on a short point. The appellant is a non minority aided college, they are not governed by any Government Orders which are applicable to the Government servants. The learned Single Judge has referred to G.O(Ms)No.151, Personnel and Administrative Reforms (N) Department, dated 31.10.2018 and directed the respondents 2 and 3 to direct the appellant to send proposal as per G.O(Ms)No.151 in order to pay the terminal benefits of the deceased husband of the 1st respondent/writ petitioner. 3.

It is a settled proposition that any Government Order is applicable only to the Government employees and not to the aided, minority or non minority colleges. Therefore, this Court is modifying the impugned order to that extent alone. However, the proposition that once the employee died, the entire disciplinary proceedings will be abated and any proceedings cannot be proceeded with, is the settled Page No.2 of 4

proposition.

4.

The learned counsel for the appellant college states that they are ready and willing to settle the retirement benefits which is applicable to the deceased husband of the 1st respondent. The appellant college is directed to submit a proposal in this regard to the respondents 2 and 3 within a period of four weeks from the date of receipt of a copy of this judgment. On receipt of such proposal, the respondents 2 and 3 shall process the same and disburse the terminal benefits of the deceased husband to the 1st respondent, within a period of twelve weeks therefrom.

5.

With the above direction, the impugned order is modified and the Writ Appeal is disposed of. No costs. Connected miscellaneous petition is closed.

[J.N.B, J.] [S.S.Y, J.] 30.04.2025 Index : Yes / No bala Page No.3 of 4

J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala To

1. The Director of Collegiate Education, DPI Campus, College Road, Chennai - 06.

2. The Regional Joint Director of Collegiate Education, Trichy Region, Trichy - 23.

JUDGMENT MADE IN DATED : 30.04.2025 Page No.4 of 4