The District Educationalofficer, v. M.Thiruvalluvan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR & C.M.P.(MD)No.6199 of 2020 The District Educational Officer, Office of the District Educational Office, Melur Village, Orathanadu, Thanjavur District.

... Appellant / Respondent Vs.

M.Thiruvalluvan ... Respondent PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 04.09.2020 passed in W.P(MD)No. 10889 of 2020 on the file of this Court.

For Appellant : Mr.C.Venkateshkumar Special Government Pleader For Respondent : Mr.Mohamed Zamil for M/s.Ajmal Associates 1/5

JUDGMENT

(Judgment of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2.Thiru.M.Thiruvalluvan / writ petitioner herein was working as Personal Assistant to the District Educational Officer, Orathanadu, Thanjavur District. Disciplinary action was initiated against him. He was placed under suspension w.e.f 20.06.2019. He was not permitted to retire from service on superannuation. His terminal benefits were not released. Hence, he filed WP(MD)No.10889 of 2020. The learned single Judge vide order dated 04.09.2020 disposed of the writ petition in the following terms:- "13. In the result, this Court is inclined to pass the following orders:- (i) The impugned order passed by the respondent in his proceedings vide O.Mu. No.1944/A1/2020 dated 19-06-2020 is quashed; and (ii) The matter is remitted back to the respondent for reconsideration.

While reconsidering the same, based on the aforesaid legal position, the respondent shall consider the request of the petitioner for releasing the said benefits, namely Earned leave encashment as well as Special Provident fund amount payable to the petitioner and the same shall be paid to the petitioner within a period of six weeks from the date of receipt of a copy of this order."

Aggrieved by the same, this writ appeal has been filed. 3.During the intervening period, certain developments took place. Thiruvalluvan was imposed with the punishment of compulsory retirement. Aggrieved by the same, he filed WP(MD)No.21765 of 2023. The writ petition was allowed on 19.03.2025. The punishment imposed on Thiruvalluvan who had passed away in the meanwhile was set aside. The authorities were directed to release the terminal benefits within twelve weeks. Ambujam wife of the writ petitioner had filed an appeal before the Joint Director of School Education in the meanwhile. Without taking note of the order dated 19.03.2025 whereby the punishment of compulsory retirement was set aside, the appellate authority confirmed the order. A further direction was given to the effect that a sum of Rs.1000/- should be deducted from the month of July 2019. The order dated 07.04.2025 passed by the Joint Director of School Education in Na.Ka.No.31795/A3/E2/2019 deserves to be set aside as it has not taken note of the writ order dated 19.03.2025.

3/5

4.When a learned Judge of this Court had directed disbursement of the terminal benefits and the order is still holding the field, there is no need to interfere with the order impugned in this writ appeal. The writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S., J.) (K.R.S., J.) 19.08.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi/SKM 4/5

G.R.SWAMINATHAN, J.

AND K.RAJASEKAR, J.

rmi/skm W.A(MD) No.1128 of 2020 19.08.2025 5/5