P.Muniappan v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.19164 of 2025 P.Muniappan ... Petitioner -vs1. The Director of School Education, DPI Campus, College Road, Chennai 600 006.

2. The Chief Educational Officer, Dindigul District, Dindigul.

3. The District Educational Officer (Secondary), Palani Education District, Dindigul District.

4. The Headmaster, Government Higher Secondary School, K.Ramanathapuram, Vedasandur, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 4th respondent to pass suitable orders to disburse the petitioner's retirement benefits i.e., Gratuity, Provident Fund, Special Provident Fund, Family provident Fund, GPF Closure, Earned and Unearned Leave Salary and Monthly Pension along with 12 percentage 1/6

interest from the date of his retirement i.e., on 30.04.2025 to till the date of payment by considering his representation dated 21.06.2025. For Petitioner : Mr.J.Lawrance For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the 4th respondent to pass suitable orders to disburse the petitioner's retirement benefits i.e., Gratuity, Provident Fund, Special Provident Fund, Family provident Fund, GPF Closure, Earned and Unearned Leave Salary and Monthly Pension along with 12 % interest from the date of his retirement i.e., on 30.04.2025 to till the date of payment by considering his representation dated 21.06.2025.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioner was working as a 'Physical Education Teacher' in the fourth respondent school and he retired from service on 30.04.2025. 2/6

However, till date, the petitioner has not been paid the retirement benefits i.e., Gratuity, Provident Fund, Special Provident Fund, Family provident Fund, GPF Closure, Earned and Unearned Leave Salary and Monthly Pension. Hence, the petitioner made a representation to the respondents dated 21.06.2025. Since the said representation was not considered, the petitioner has filed the present Writ Petition.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's representation dated 21.06.2025, on its own merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is 3/6

also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 16.07.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Director of School Education, DPI Campus, College Road, Chennai 600 006.

2. The Chief Educational Officer, Dindigul District, Dindigul.

3. The District Educational Officer (Secondary), Palani Education District, Dindigul District.

4. The Headmaster, Government Higher Secondary School, K.Ramanathapuram, Vedasandur, Dindigul District.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.19164 of 2025 Dated:

16.07.2025 6/6