Elango Mp v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.22600 of 2025 M.P.Elango : Petitioner Vs.

1. The Director of School Education, Office of the Director of School Education, Dpi Campus, Chennai - 6.

2. The Principal Accountant General (A and E) Tamil Nadu, No.261, Anna Salai, Chennai - 18.

3. The Chief Educational Officer, Office of the Chief Educational Officer, Theni, Theni District.

4. The District Educational Officer, Office of the District Educational Officer, Allinagaram, Theni, Theni District.

5. The Headmasater, V.M. Boys Higher Secondary School, Katcheri Road, Thenkarai, Periyakulam Town, Periyakulam Taluk, Theni District.

: Respondents 1/6

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to disburse the petitioner's pensionary benefits, commutation amount and other terminal benefits along with interest at the rate of 18 percent with effect from 01.03.2025 in pursuant to the pension sanction order issued by the 2nd respondent in his proceedings No.E09/10930969/4/R0930969, dated 19.03.2025.

For Petitioner : Mr.A.Mohamedhaneef For Respondents : Mr.M.Siddharthan (R1, R3 to R5) Additional Government Pleader Mr.P.Gunasekaran (R2)

ORDER

This writ petition has been filed seeking a direction to the respondents to disburse the petitioner's pensionary benefits, commutation amount and other terminal benefits along with interest at the rate of 18 percent with effect from 01.03.2025 in pursuant to the pension sanction order issued by the 2nd respondent in proceedings No.E09/10930969/4/R0930969, dated 19.03.2025. 2/6

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The learned counsel appearing for the petitioner submits that the petitioner, who worked as Physical Education Director Grade - I in the fifth respondent school retired from service on 28.02.2025 and till date, his terminal benefits have not been disbursed. Hence, the petitioner made a representation seeking the said relief and now, the matter is pending before the fifth respondent vide the communication dated 03.07.2025 and hence, he seeks for a direction to the fifth respondent to consider the petitioner's case.

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, non-consideration 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. 3/6

5. In the light of the above observations, there shall be a direction to the fifth respondent to consider the petitioner's case pending vide communication dated 03.07.2025 on its own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is 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. 19.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The Director of School Education, Office of the Director of School Education, Dpi Campus, Chennai - 6.

2. The Chief Educational Officer, Office of the Chief Educational Officer, Theni, Theni District.

3. The District Educational Officer, Office of the District Educational Officer, Allinagaram, Theni, Theni District.

4. The Headmasater, V.M. Boys Higher Secondary School, Katcheri Road, Thenkarai, Periyakulam Town, Periyakulam Taluk, Theni District.

5/6

M.DHANDAPANI, J.

Sm W.P.(MD) No.22600 of 2025 19.08.2025 6/6