Ganesan.S v. The Commissioner Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Ganesan ... Petitioner Vs.

1.The Director of School Education, College Road, Chennai 600006.

2.The Joint Director of School, College Road, Chennai 600 006.

3.The Chief Educational Officer, 4.The District Educational Officer, 5.The District Treasury Officer, District Treasury Office, Thoothukudi.

6.The Assistant Treasury Officer, Sub Treasury Office, Thoothukudi.

7.The Secretary, 1/4

Karapettai Nadar Higher Secondary School, Thoothukudi District 628 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 4 herein to accept the relieving order dated 31.05.2022 issued by the 7th respondent and relieve the petitioner from service and consequently direct the respondents 5 & 6 to release the petitioner's retirement benefits including commuted value of pension, gratuity, EPF, surrender leave salary and all other monetary benefits by considering the petitioner's representation dated 17.09.2022 within a time stipulated by this Court. For Petitioner : Mr.V.Meenakshisundaram For Respondents : Mr.N.Satheeshkumar Additional Government Pleader for R1 to R6 : Mr.Isaac Mohanlal Senior Counsel for M/s.Isaac Chambers for R7

ORDER

The petitioner joined the seventh respondent school in the year 1988 as P.G.Assistant. He was promoted as headmaster on 09.12.2016. He reached the age of superannuation on 31.05.2022. The petitioner states that on account of some difference of opinion with the new set of office bearers that has taken 2/4

over the management of the school, he is experiencing difficulties in obtaining the disbursal of retirement benefits. That led to filing of this writ petition. Even before the learned counsel for the petitioner could open his arguments, the learned senior counsel appearing for the management fairly stated that they have no objection for conceding the petitioner's prayer.

2. In view of the fair stand taken by the management, the writ petition stands allowed. The department is directed to accept the relieving order dated 31.05.2022. The respondents shall coordinate among themselves and ensure that the retirement benefits of the petitioner are disbursed as expeditiously as possible. No costs.

21.03.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The Director of School Education, College Road, Chennai 600006.

2.The Joint Director of School, College Road, Chennai 600 006.

3.The Chief Educational Officer, 3/4

G.R.SWAMINATHAN, J.

rmi 4.The District Educational Officer, 5.The District Treasury Officer, District Treasury Office, Thoothukudi.

6.The Assistant Treasury Officer, Sub Treasury Office, Thoothukudi.

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