Balajayasundhari v. The Director Of Elementary Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Balajayasundhari ... Petitioner Vs 1.The Director of Elementary Education, Office of the Director of Elementary Education, College Road, Nungambakkam, Chennai - 600 006.
2.The Accountant General, Office of the Accountant General, 36, Annasalai, Tenampet, Chennai - 600 018.
3.The District Education Officer, Office of the District Education Officer, Ramanathapuram Education District, Ramanathapuram, Ramanathapuram District.
4.Syed Ammal Higher Secondary School, Authorised by its Correspondent, Kenikarai, Velipattinam, Ramanathapuram District.
... Respondents 1/4
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents, to pay the monetary service benefits of the Petitioner's husband, namely, Devasenathypathy within a specific period that may be fixed by this Court. For Petitioner : Mr.K.Navaneetharaja For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R.1 to R.3 Mr.Mohamed Suhail for M/s.Ajmal Associates for R.4
ORDER
Heard the learned counsel on either side.
2. The petitioner's husband Devasenathypathy was working as Second Grade Assistant in the fourth respondent School. He had joined service in the year 1992. While in service he died on 20.04.2013 due to accident. The grievance of the petitioner is that till date her benefits have not been settled. An order passed by the Accountant General had been enclosed in Page No.15 of the typed set of papers. The sanction order was passed and the file was sent to the office of the third respondent for disbursement of funds. It appears that the file has gone missing. The fourth respondent is also handicapped. The stand of the 2/4
fourth respondent is that they had handed over the original file to the third respondent and the file has gone missing only in the office of the third respondent.
3. This is no time for blame game. A full 10 years have passed. A poor widow is suffering. Therefore, the respondents 3 and 4 will co-ordinate between themselves and reconstruct the entire file. In my view, it should not be difficult. The reconstructed file shall be acted upon. The file has been resubmitted to the second respondent. The second respondent shall process the same and pass a fresh order. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The jurisdictional Treasury Officer and the third respondent shall after verifying the record also certify that the authorization had not been honoured and no payment has been made.
4. This writ petition is allowed on these terms. There shall be no order as to costs.
27.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 3/4
G.R.SWAMINATHAN, J.
MGA To 1.The Director of Elementary Education, Office of the Director of Elementary Education, College Road, Nungambakkam, Chennai - 600 006.
2.The Accountant General, Office of the Accountant General, 36, Annasalai, Tenampet, Chennai - 600 018.
3.The District Education Officer, Office of the District Education Officer, Ramanathapuram Education District, Ramanathapuram, Ramanathapuram District.
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