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Madras High CourtWP(MD)/28725/2024dismissed

Pitchayammal v. The Director Of School Education

2026-03-24Honourable Mr.Justice Mummineni Sudheer Kumar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24/03/2026

CORAM

THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR and WMP(MD)Nos.24349, 24351 of 2024 Pitchayammal ... Petitioner Vs.

1. The Director of School Education, Office of the Director of School Education, DPI Complex, College Road, Nungambakkam, Chennai - 600006..

2. The Accountant General, Office of the Accountant General, 36, Annasalai, Tenampet, Chennai - 600018..

3. The District Education Officer, Office of the District Education Officer, Melur Education District, Melur, Madurai - 625106..

4. M/s.Government Boys Higher Secondary School, Represented by its Head Mistress, Alanganallur, Madurai District.

... Respondents 1/7

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 2nd respondent in A.G.(A and E) / PEN P22/ 12227726/1R2227726 dated 03.01.2024 so far as the calculation of commutation value of pension and the consequent impugned order passed by the 2nd respondent in Pr.A.G.(A and E) /Legal Cell/W.P(MD).15696/2024/2024-25/998-28885 dated 04.10.2024 and quash the same and consequently direct the 2nd respondent to pay the commutation and the service gratuity and to pay the interest from the date of the petitioners superannuation i.e., 31.01.2018 till the date of realization of the amount to the petitioner within a specific period that may be fixed by this Court. For Petitioner : Mr.K.Navaneetharaja For R1, R3 & R4 : Mr.N.Satheesh Kumar Additional Government Pleader For R2 : Mr.P.Gunasekaran Standing Counsel

ORDER

This writ petition has been filed seeking a writ of mandamus to quash the impugned order passed by the second respondent dated 03.01.2024 so far as the calculation of commutation value of pension and the consequent impugned order passed by the second respondent dated 04.10.2024 and for consequential direction to the second respondent to pay the commutation and the service gratuity and to pay the interest from 2/7

the date of the petitioner's superannuation i.e., 31.01.2018 till the date of realization of the amount to the petitioner within a specific period that may be fixed by this Court.

2. This matter was heard by this Courton 23/03/2026 and after having found that there are no pleadings in support of the relief sought for, especially, on having taken note of the stand of the second respondent-Accountant General in the counter affidavit, this Court felt that there is no genuine grievance for the petitioner. However, in order to afford an opportunity to the learned counsel for the petitioner, the matter was directed to be listed today i.e on 24.03.2026 under the caption 'for orders'.

3.Today inspite of affording an opportunity, there is nothing brought to the notice of this Court to find fault with the impugned proceedings except stating that the petitioner is disputing the calculation made by the respondents and the quantum of terminal benefits provided by the respondents.

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4. As seen from the counter affidavit filed on behalf of the second respondent, all the terminal benefits have been paid for the petitioner under the old pension scheme and the petitioner is not entitled for any more amounts, even the commutation value of pension is also stated to have been paid strictly in accordance with the rules and the basis for arriving at an amount of Rs.4,78,233/- is also provided in paragraph No.9 of the counter affidavit filed by the second respondent.

5. As against the specific averments made in the counter filed by the second respondent, there is no rejoinder filed and there is anything placed before this Court disputing the correctness of the statements made in the counter affidavit filed by the second respondent. The learned counsel for the petitioner is not able to find any fault with the statements made in the counter except contending that there was a delay in disbursal of the terminal benefits and the petitioner is entitled for interest.

6. As seen from the counter affidavit filed by the second respondent, the petitioner has submitted his pension papers only on 4/7

14/11/2023 though he retired on 31/1/2018 and the said pension papers have been processed by the respondents and finally, pensionary benefits were authorised by the second respondent on 3/1/2024, that is within a period of less than 2 months from the date of submission of papers by the petitioner. There is no material that is placed before this court to show that the respondents are anyway responsible for the delay in submission of pension papers by the petitioner. In the circumstances, this Court does not find any reason to interfere with the impugned orders. However, in the light of the specific stand of the second respondent, as evidenced from the counter affidavit, if the petitioner has got any grievance, it is left open to the petitioner to approach this Court afresh by furnishing all the particulars finding out the exact errors that are committed by the respondents.

7.With the above observations, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 24.03.2026 CM 5/7

TO

1. The Director of School Education, Office of the Director of School Education, DPI Complex, College Road, Nungambakkam, Chennai - 600006..

2. The Accountant General, Office of the Accountant General, 36, Annasalai, Tenampet, Chennai - 600018..

3. The District Education Officer, Office of the District Education Officer, Melur Education District, Melur, Madurai - 625106..

4. M/s.Government Boys Higher Secondary School, Represented by its Head Mistress, Alanganallur, Madurai District.

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MUMMINENI SUDHEER KUMAR,J CM and WMP(MD)Nos.24349, 24351 of 2024 Date : 24/03/2026 7/7