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Madras High CourtWP(MD)/8181/2018disposed of

M.Jeyasingh Cruz Angelus v. The Chief Educational Officer

2022-08-01Honourable Mr Justice G. Chandrasekharan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and W.M.P.(MD))Nos.5240 and 5241 of 2017 and 7732 of 2018 M.Jeyasingh Cruz Angelus, Headmaster (Retired), Manal Matha Higher Secondary School, Sokkenkudieruppu, Tuticorin District.

... Petitioner in both W.P.s'

Vs.

1. The Chief Educational Officer, Tuticorin District.

Tuticorin.

2. The District Educational Officer, Tuticorin, Tuticorin District.

3. The Tuticorin Diocesan Association, Tuticorin, Tuticorin District.

4. The Manager, R.C.Schools, Bishop's House, Tuticorin, Tuticorin District.

5. Manal Matha Higher Secondary School, Represented by its Correspondent, Sokkenkudieruppu, Tuticorin District.

... Respondents 1 to 5 in W.P.(MD)No.8181 of 2018

6. S.Shayaraj Royan, Correspondent, Manal Matha Higher Secondary School, Sokkenkudieruppu, Tuticorin District.

7. The Superintendent of R.C.Schools, Tuticorin District.

8. G.Mutharasu, Enquiry Officer, 459, New Additional Law Chambers, High Court Buildings, Chennai - 600 014.

... Respondents 1 to 8 in W.P.(MD)No.6665 of 2017 PRAYER in W.P.(MD)No.8181 of 2018: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to disburse the retirement benefits with all other attendant benefits and to pay monthly pension payable to the petitioner with effect from 01.07.2017, by taking into consideration of the petitioner's retirement on 30.06.2017.

PRAYER in W.P.(MD)No.6665 of 2017: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari calling for the records relating to the impugned orders in Reference No.2016/15 dated 23.01.2016 and Reference No.2017/62 dated 03.04.2017 passed by the fourth respondent and to quash the same.

For Petitioner in both W.Ps'

:

Mr.G.Prabhu Rajadurai for Mr.I.Robert Chandrakumar For Respondents in both W.Ps'

:

Mr.A.Kannan Addl. Govt. Pleader for R1 and R2 Mr.Anwar Sameen for M/s.Father Xavier Associates for R3 to R8 C O M M O N O R D E R Both the matters were heard finally on 20.07.2022 and reserved for orders. Before pronouncing orders, it was mentioned by the learned counsel for the petitioner that the petitioner died on 26.07.2022 due to illness. Therefore, these matters are again posted today, i.e., on 01.08.2022 'For Clarification'.

2. When the matters are taken up for hearing, the learned counsel for the petitioner and the learned counsel for the respondents are present and Memo dated 27.07.2022, is filed by the learned counsel for the petitioner informing that on 26.07.2022, the writ petitioner, namely, Jeyasingh Cruz Angelus, died due to illness. In view of the death of the petitioner during the pendency of these Writ Petitions due to illness, nothing remains to be adjudicated in these Writ Petitions.

3. It is further submitted by the learned counsel for the petitioner that in view of the death of the petitioner, the pending charges against him in the departmental proceedings get abated and therefore, he prays that his legal heirs may be permitted to submit an appropriate representation to the School Authorities for terminal benefits.

4. It is open to the legal heirs of the petitioner to pursue the matter in the manner known to law. However, in view of the death of the petitioner during the pendency of these Writ Petitions, these Writ Petitions are

disposed of, giving liberty to the legal heirs of the petitioner to work out their remedy in the manner known to law. The legal heirs of the petitioner are directed to submit the representation to the fifth respondent within a period of one month from the date of receipt of a copy of this order and the authorities concerned are directed to take action on the representation submitted by the legal heirs of the petitioner within a period of six weeks thereafter. No costs. Consequently, connected Miscellaneous Petitions are closed.

01.08.2022 Index : Yes / No Speaking Order : Yes / No vji Note: Issue order copy by 02.08.2022.

To

1. The Chief Educational Officer, Tuticorin District.

Tuticorin.

2. The District Educational Officer, Tuticorin, Tuticorin District.

3. The Tuticorin Diocesan Association, Tuticorin, Tuticorin District.

4. The Manager, R.C.Schools, Bishop's House, Tuticorin, Tuticorin District.

5. The Correspondent, Manal Matha Higher Secondary School, Sokkenkudieruppu, Tuticorin District.

7. The Superintendent of R.C.Schools, Tuticorin District.

8. The Enquiry Officer, 459, New Additional Law Chambers, High Court Buildings, Chennai - 600 014.

G.CHANDRASEKHARAN, J.

vji and W.M.P.(MD))Nos.5240 and 5241 of 2017 and 7732 of 2018 01.08.2022