B.Ramakrishnan v. The District Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH B.Ramakrishnan ... Petitioner -vs1.The District Educational Officer (Secondary), Sivakasi, Virudhunagar District.
2.The Secretary, VNUP Kaleeswari Higher Secondary School, Vanniyampatti, Srivilliputhur Taluk, Virudhunagar District - 626 125.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the retirement benefits to the petitioner with 12% interest within a time frame fixed by this Court in terms of the proceedings of the first respondent in Na.Ka.No. 7535/A1/2024 dated 17.03.2025.
For Petitioner : Mr.R.J.Karthick For R1 : Mr.M.Siddharthan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the respondents to disburse the retirement benefits due to the petitioner, along with interest at the rate of 12% per annum, within a time frame to be fixed by this Court, in terms of the proceedings of the first respondent bearing Na.Ka.No.7535/A1/2024 dated 17.03.2025.
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 second respondent, notice to the second respondent is hereby dispensed with.
4. According to the petitioner, he was appointed as a 'B.T. Assistant' in the second respondent school (VNUP Kaleeswari Higher Secondary School) and through successive promotions, he retired as a 'Post Graduate Teacher (Physics)' on 30.04.2024, after rendering long and unblemished service. The retirement of the petitioner was duly approved by the first respondent through proceedings dated 24.06.2024. Therefore, the entitlement to retirement benefits stands
undisputed. Despite the approval of retirement and multiple representations by the petitioner, the second respondent has unjustifiably delayed the disbursement of retirement benefits, causing great financial and mental hardship to the petitioner, who is a senior citizen dependent on such benefits for sustenance. The continued inaction on the part of the second respondent is not only arbitrary and unjust but also violative of Articles 14 and 21 of the Constitution of India. It is a settled law that retirement benefits are not a bounty, but a vested right that accrues upon retirement. In view of the unreasonable delay in disbursement, the petitioner is also entitled to interest at the rate of 12% per annum on the delayed payment of retirement dues, as a measure of compensation for the deprivation of his rightful entitlements. Hence, the petitioner prays for a direction to the respondents to disburse his retirement benefits along with interest at 12% per annum within a time frame to be stipulated by this Court.
5. It is submitted by the learned counsel for the petitioner, as well as the learned Additional Government Pleader appearing for the first respondent that, the second respondent is required to forward the petitioner's proposal for the release of terminal benefits to the first respondent for further action.
6. Recording the above submissions, this Writ Petition is disposed of, with a direction to the second respondent to forward the petitioner's proposal for release of terminal benefits to the first respondent, within a period of ten (10) days from the date of receipt of a copy of this order. 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 two (2) weeks. There shall be no order as to costs. NCC : Yes / No 24.06.2025 Index : Yes / No smn2 To:- 1.The District Educational Officer (Secondary), Sivakasi, Virudhunagar District.
2.The Secretary, VNUP Kaleeswari Higher Secondary School, Vanniyampatti, Srivilliputhur Taluk, Virudhunagar District - 626 125.
VIVEK KUMAR SINGH , J.
smn2 24.06.2025