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2014 DIGILAW 1148 (MAD)

K. Perumal (deceased) v. Director of Elementary Education

2014-06-05

R.MAHADEVAN

body2014
Judgment : 1. This writ petition has been filed seeking a writ of Certiorarified Mandamus to call for the records of the fourth respondent in relation to his proceedings issued in Na.Ka.No.120 dated 04.08.2010 and quash the same and issue a consequential direction to the respondents to reemploy the petitioner from 01.08.2010 to 31.05.2011 as a Secondary Grade Teacher in the fourth respondent school and to pay the salary for the said period and to pass an order of retirement in favour of the petitioner and to send the pension proposals to the educational authorities for approval and sanction. 2. Since the original petitioner who filed the present writ petition is no more, the petitioners 1 to 4 have been substituted as the petitioners in the place of the deceased petitioner. 3. The case of the petitioner (deceased) is that the he was initially appointed as Secondary Grade Teacher on 26.11.1981 in the fourth respondent school. He attained the age of superannuation on 31.07.2010 during the middle of the academic year 2010-2011. G.O.Ms.No.1643 dated 27.10.1988 provides that the teacher who retires in the middle of the academic year is entitled for re-employment till the end of the said academic year on certain conditions. As per the said Government Order, the deceased petitioner is entitled for re-employment upto 31.05.2011. Since the said benefit has not been given to the petitioner by the fourth respondent school, he made a representation to the authorities concerned on 22.07.2010 and 31.07.2010. However, no direction has been given by the respondents 1 to 3 to the fourth respondent to re-employ the deceased petitioner till the end of the said academic year. Meanwhile, the fourth respondent issued a Memo on 26.07.2010 containing the following allegations: (i) He failed to conduct the village education committee when he was working as Headmaster (in-charge) from 02.07.2010 to 25.08.2010, though he received a cheque from S.S.A for conducting such committee meeting; (ii) He failed to submit the application for the scholarship for the Backward Class students before 30.07.2010; (iii) During the school hours, he invited the third parties into the school and instigated them against the school; and (iv) On 26.07.2010 at 10.30 a.m., he uttered unparliamentary words and caused disrespect to the reputation of the Secretary of the school. 4. According to the petitioner, only subsequent to the representation of petitioner, he was issued with the above Memo. 4. According to the petitioner, only subsequent to the representation of petitioner, he was issued with the above Memo. He was also issued with another Memo on 04.08.2010 stating that he did not submit the application for pension within a period of one year before his superannuation. It is the further case of the petitioner that he has not been given due opportunity to defend himself against the charges levelled against him. In the impugned order dated 04.08.2010, no resolution of the School Committee has been referred to and it would make the point clear that no resolution has been passed denying the re-employment to the petitioner. Therefore, he was not permitted to continue for re-employment and on the other hand, he was relieved from the service. Moreover, the Management also observed that it was not their intention to suspend him. Aggrieved by the same, the deceased petitioner is before this Court. 5. It is to be noted that after filing of the writ petition, the petitioner died and his legal heirs are substituted in his place by order of this Court dated 05.06.2014 passed in M.P(MD)No.1 of 2014 in W.P(MD)No.10735 of 2010. 6. Heard the submissions made on either side and perused the materials available on record. 7. Now, It is fairly submitted by the learned Counsel for the fourth respondent school that the service particulars of the deceased petitioner have to be perused and appropriate proceedings shall be initiated for placing the pension papers to the authorities concerned. 8. Recording the submission of the learned Counsel for the fourth respondent school, this writ petition is disposed of, with a direction to the fourth respondent to send the pension papers of the deceased petitioner to the authorities concerned within a period of four weeks from the date of receipt of a copy of this order and upon receipt of the same, the respondents 1 and 2 are directed to grant appropriate relief to the petitioners 1 to 4 herein (legal heirs of the deceased petitioner) within a period of three weeks thereafter. The petitioners 1 to 4 are also directed to produce all the relevant materials available before the fourth respondent and assist the Management in this regard as and when required. Consequently, the connected miscellaneous petition is closed. No costs. The petitioners 1 to 4 are also directed to produce all the relevant materials available before the fourth respondent and assist the Management in this regard as and when required. Consequently, the connected miscellaneous petition is closed. No costs. Note: Registry is directed to carry out necessary amendments in the cause title as per order of this Court dated 05.06.2014 passed in M.P(MD)No.1 of 2014 in W.P(MD)No.10735 of 2010.