JUDGMENT T. RAJA, J. 1. This writ petition has been filed by one Mr. I. Jothi Gandhi, under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondent, the Director, Social Welfare Development Office, Chennai to release the retirement benefits for his services rendered from 07.11.1981 to 31.03.2013. 2. The learned counsel appearing for the petitioner would submit hat the petitioner being a Srilankan Tamil refugee came to Tamil Nadu in the year 1973. Later on, he applied for the post of Office Assistant in the Office of the Social Welfare Department, as he possessed the educational qualification of GCE-Ordinary Level VIth Form in Ceylon, which is equivalent to 11th standard in Tamil Nadu. Accepting the basic qualification possessed by the petitioner, i.e. VIth Form in Ceylon, which is equivalent to 11th standard in Tamil Nadu, he was appointed as Office Assistant on 05.11.1981. The petitioner had joined duty and he was also confirmed in the said post on 07.11.1982. After finding that the petitioner rendered a satisfactory service in the post of Office Assistant from 1981 till 1992, the respondent has promoted the petitioner to the post of Junior Assistant in proceedings in N.K. 76511/4-3/91, dated 27.01.1992. However, he was reverted back to the post of Office Assistant by another order dated 13.03.1992 for the reason that the petitioner was not having educational qualification for the promotional post of Junior Assistant. While so, after eight years from the date of de-promotion, once again, the petitioner was considered for regular promotion by proceedings dated 02.06.2010 as Junior Assistant. Subsequently, the petitioner was transferred to the Combined Child Development Plan Office (West) Madurai City. When the petitioner was working in the promoted post, he was called upon to furnish the educational qualification. The petitioner immediately gave his explanation mentioning that even at the time of the appointment, i.e. on 05.11.1981, he has possessed the educational qualification of GCE-Ordinary Level VIth Form in Ceylon, which is equivalent to 11th Standard in Tamil Nadu. In support of his contention, he has also produced all his School Certificates along with the letter of District Educational Officer bearing Na. Ka. No. 2270/AA3/2013, dated 21.03.2013. As per the letter issued by the District Educational Officer, it has been mentioned that GCE-Ordinary Level VIth Form, possessed by the petitioner is equivalent to 11th standard, old SSLC pattern. In support of his contention, he has also produced all his School Certificates along with the letter of District Educational Officer bearing Na. Ka. No. 2270/AA3/2013, dated 21.03.2013. As per the letter issued by the District Educational Officer, it has been mentioned that GCE-Ordinary Level VIth Form, possessed by the petitioner is equivalent to 11th standard, old SSLC pattern. Therefore, the grievance of the petitioner is that when the District Educational Officer, Madurai in his proceedings, dated 21.03.2013 has clearly admitted the case of the petitioner that he has got requisite educational qualification, even at the time of entering the service namely on 05.11.1981, he has possessed all the requisite qualification for the promotional post of Junior Assistant. By ignoring the explanation given by the petitioner and also self-explanatory proceedings issued by the District Educational Officer, dated 21.03.2013, the respondent, knowing pretty well that the petitioner has reached the age of superannuation on 31.03.2013, passed a conditional order on 29.03.2013, permitting him to retire from service with a condition to produce the documents showing the minimum educational qualification possessed by the petitioner, failing which, the monetary benefits given to him for the post of Junior Assistant till the date of retirement will be recovered. Even subsequent to the conditional order permitting him to retirement, retirement benefits were not disbursed to him. As the petitioner is the only breadwinner of his family having no other income depending upon the pensionary benefits, is deprived of the monthly pension, as a result, he has been put to grave and untold misery and humiliation in the family. That apart, the petitioner having two daughters in marriageable age has been driven from pillar to post to meet even the basic needs of bread and butter. Therefore, he has made number of representations to release the retirement benefits. But the respondent till date has not come forward to release the same. As a result, the petitioner was constrained to come before this Court with the present writ petition. 3. Heard Mr. S. Moorthy, learned counsel appearing for the petitioner and Mr. T.S. Mohammed Mohideen, learned Additional Government Pleader appearing for the respondent. 4. The learned Additional Government Pleader appearing for the respondent would submit that if a direction is given, the petitioner's representation would be considered. But, this Court is not inclined to accept the said request. 5. 3. Heard Mr. S. Moorthy, learned counsel appearing for the petitioner and Mr. T.S. Mohammed Mohideen, learned Additional Government Pleader appearing for the respondent. 4. The learned Additional Government Pleader appearing for the respondent would submit that if a direction is given, the petitioner's representation would be considered. But, this Court is not inclined to accept the said request. 5. The petitioner, being a Srilankan Tamil refugee studied upto VIth Form namely GCE-Ordinary Level, in Sri Lanka, which is equivalent to old SSLC, has come to Tamil Nadu along with his family members in the year 1973. After some time, he was sponsored by the Assistant Director, District Employment Office, Madurai for appointment to the post of Office Assistant under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules to the Office of the District Project Nutrition Officer at Madurai. Since he has got a basic qualification namely GCE-Ordinary Level VIth Form in Ceylon, which has been accepted as equal to the old SSLC in Tamil Nadu, was appointed as Office Assistant by proceedings dated 05.11.1981 by the District Project Nutrition Officer, Madurai. The Student Register issued by the Sri Lanka-India Zone clearly shows that the petitioner Irlandy Jothiganthi, S/o P. Irlandy was born on 22.03.1955, belongs to Hindu Religion, has passed G.C.E. O/L. once in December 1972. The proceedings in R.C. No. 998/F1/68 dated 15.09.1968, issued by the Director of Public Instruction, Madras clearly shows that the old SSLC or GSE in Ceylon Schools is equivalent to VI form in Tamil Nadu. This can be further appreciated from the self-explanatory proceedings issued by the District Educational Officer, Madurai in his proceedings in Na. Ka. No.2270/AA3/2013, dated 21.03.2013, which is also given under:- "Tamil" 6. On the basis of the above qualification, since the petitioner was appointed as a basic servant at a pay of Rs. 250/- per month in the time scale of pay of Rs. 250-5-330-10-400 with other usual allowances on temporary basis, by another proceedings in R.C. No. 588/A1/83, dated 02.06.11983, issued by the District Project Nutrition Officer, Madurai-20, he has been declared to have completed the period of probation satisfactorily in the cadre of basic servant in the Tamil Nadu Basic Services on the afternoon of 07.11.1982 and he was also permitted to draw the arrears of the incremental pay with effect from 01.10.1982. By another proceedings bearing the same R.C number, the service of the petitioner was regularized with effect from 07.11.1981. Since the petitioner has got the aforesaid qualification and also has completed 11 years as Office Assistant, he was promoted to the post of Junior Assistant by proceedings dated 27.01.992 by the District Social Welfare Department, Virudhunagar. However, within two months, the District Social Welfare Officer, Virudhunagar, in his another proceedings dated 13.03.1992 reverted him back to the post of Office Assistant, without calling for any explanation on the ground that he is not possessing the requisite qualification for the promotional post of Junior Assistant. Although the petitioner was appointed on 05.11.1981 as Office Assistant with a qualification of GCE (Ordinary Level) VI form in Ceylon, which is equivalent to old SSLC (11th standard in Tamil Nadu), again the petitioner was allowed to work as Office Assistant for about 18 years for sheer non-application of mind of the respondent. Because, had the respondent perused the service records of the petitioner carefully, his reversion to the post of Office Assistant could have been avoided and the petitioner would have reaped the benefits of the promotional post of Junior Assistant for about 18 years. However, after serving as Office Assistant from 1981 to 2001, the Commissioner of Social Welfare Department, by another proceedings dated 02.06.2010 promoted him to the post of Junior Assistant under Rule 39(a) of the Tamil Nadu State and Subordinate Service Rules along with 59 other persons. A perusal of the order dated 02.06.2010 clearly shows that the records of the petitioner has been properly verified to confirm whether he has got requisite qualification for the post of Junior Assistant. The records produced by the petitioner, the proceeding of the Director of Public Instruction, Madras dated 15.09.1968, the Student Register document of Srilanka-India Zone and the proceedings dated 21.03.2013, issued by the District Educational Officer, Madurai, indisputably, all would go to show that the petitioner has passed the 11th standard, old SSLC pattern. 7. As a matter of fact, there cannot be any other better speaking testimonials than the proceedings issued by the District Educational Officer in Na. Ka. 7. As a matter of fact, there cannot be any other better speaking testimonials than the proceedings issued by the District Educational Officer in Na. Ka. No. 2270/AA3/2013, dated 21.03.2013, wherein, the doubt raised by the respondent is as to whether the petitioner has got the educational qualification for the post of Junior Assistant has been apparently answered stating that he has passed G.C.E. Ordinary Level in Sri Lanka, which is equivalent to VIth form in Tamil Nadu i.e. also equivalent to 11 year SSLC pattern. 8. In view of the all the above, the petitioner, in my considered opinion, should not have been denied the retirement benefits, for the unknown reasons, by the respondent. It is to be noted that after he was appointed as Office Assistant on 05.11.1981, he was promoted to the post of Junior Assistant temporarily by proceedings dated 27.01.1992. However, within two months, for the reason that he was not having the requisite qualification, although he possessed the same, he was reverted back to the post of Office Assistant on 13.03.1992 by the District Social Welfare Officer. The petitioner being a Sri Lankan Tamil refugee did not even protest the same. After serving in the post of Office Assistant for about 30 years from 1981 to 2010, he was given promotion to the post of Junior Assistant on 02.06.2010. It is an admitted fact that the proceedings dated 02.06.1982, issued by the District Project Nutrition Officer declares that the petitioner has completed the probation satisfactorily, again his services have been regularized. All those documents have been completely lost sight of by the respondent till he was allowed to retire from service, on reaching the age of superannuation on 31.03.2013. From the date of superannuation, he has not been paid with the pensionary benefits. Due to non-application of the respondent on the documents mentioned supra, the following prejudices have been caused. (a) The petitioner whose probation has been declared and subsequently reverted to the post of Office Assistant has been made to work in the reverted post for about 18 long years. (b) The petitioner from the date of superannuation on 31.03.2013 has been denied pensionary benefits. (c) In spite of the order passed by the District Educational Officer, Madurai, accepting his qualification as old SSLC pattern, he has been driven to file the present writ petition. (b) The petitioner from the date of superannuation on 31.03.2013 has been denied pensionary benefits. (c) In spite of the order passed by the District Educational Officer, Madurai, accepting his qualification as old SSLC pattern, he has been driven to file the present writ petition. Therefore, the petitioner being the sole breadwinner, having been denied the pensionary benefits, for no fault of his, this Court finds no justification at all on the part of the respondent in not disbursing the retirement benefits to the petitioner. Hence, this Court is inclined to impose a cost of Rs. 10,000/- (Rupees ten thousand only) on the respondent, who shall be paying the same from his salary within four weeks from the receipt of it. 9. In the result, the writ petition is allowed and the respondent is directed to disburse all the terminal benefits of the petitioner within a period of six weeks from the date of receipt of a copy of this order along with interest at the rate of 12% from the date of retirement till the date of disbursement of the entire terminal benefits. The respondent is also directed to pay the cost of Rs. 10,000/- to be payable to the petitioner within the above mentioned six weeks. There shall be no order as to costs. 10. Mr. T.S. Mohammed Mohideen, learned Additional Government Pleader repeatedly requested the Court with all politeness to dispense with the cost. But, this Court is not inclined to accept the request, as the respondent is deserved to be imposed with a heavy cost.