S.Joshva Jeyaseelan vs The Chief Educational Officer
2021 Latest Caselaw 17097 Mad

                                                                             W.P(MD)No.14850 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 19.08.2021

                                                      CORAM

                             THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

                                          W.P(MD)No.14850 of 2021

                S.Joshva Jeyaseelan                                            ... Petitioner
                                                       Vs.

                1.The Chief Educational Officer,
                  Dindigul District,
                  Dindigul.

                2.The District Educational Officer,
                  Palani,
                  Dindigul District.

                3.The Headmaster,
                  Government High School,
                  Manoor, Palani Taluk,
                  Dindigul District.

                4.The Senior Audit Officer,
                  Lekha Pariksha Bhavan,
                  AG's Avenue, Press Colony,
                  Opp. to Mattuthavani Bus Stand,
                  Madurai – 625 007.                                           ... Respondents

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, directing the respondents 1
                and 4 to regularize the period of suspension from 04.04.2017 to 10.10.2018 and
                to extend arrears of salary, special provident fund and other monetary benefits
                by considering the petitioner's representation dated 23.11.2020.
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                                                                                 W.P(MD)No.14850 of 2021


                                   For Petitioner   : Mr.T.Lenin Kumar
                                   For Respondents : Mr.S.Shanmugavel,
                                                         Standing Counsel



                                                      ORDER

This Writ Petition has been filed seeking for issuance of a Writ of

Mandamus directing the respondents 1 and 4 to regularize the period of

suspension from 04.04.2017 to 10.10.2018 and to extend arrears of salary,

special provident fund and other monetary benefits by considering the

petitioner's representation dated 23.11.2020.

2. Heard the learned counsel appearing for the petitioner and the learned

Standing Counsel appearing for the respondents.

3. By consent of both the parties, this writ petition is taken up for final

disposal at the admission stage itself.

4.According to the petitioner, the petitioner was suspended on

05.04.2017 for involvement in a criminal case in Crime no.78 of 2017 under

Sections 5(c), 5(f) and 6 of the Protection of Children from Sexual Offences

Act, 2012 on the file of the Keeranur Police Station. The said criminal case https://www.mhc.tn.gov.in/judis/

W.P(MD)No.14850 of 2021

was ended in acquittal in S.S.C.No.12 of 2018 by the Mahila Fast Track Court,

Dindigul. Based on the said judgment, the first respondent vide order dated

05.10.2018, revoked the suspension and reinstated the petitioner into service.

The petitioner was joined in the third respondent school and now, after

attaining the age of superannuation, he retired from service on 29.02.2020.

Now, the petitioner has seeking for regularisation of his services, during the

period, he was suspended from service. In this regard, he made a representation

to the third respondent on 23.11.2020 requesting to settle his retirement

benefits. However, no orders have been passed by the respondents. Therefore,

the petitioner has come forward before this Court with the present writ petition.

5.The learned Standing Counsel appearing for the respondents would

submit that petitioner's representation would be considered and appropriate

orders will be passed in accordance with law.

6.Considering the submissions made by the learned counsel on either

side, and also considering the limited scope of prayer as sought by the

petitioner, without expressing any opinion on merit, this Court directs the

respondents to consider the petitioner's representations dated 23.11.2020 on

merits and pass an appropriate orders in accordance with law within a period

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W.P(MD)No.14850 of 2021

of twelve weeks from the date of receipt of a copy of this order and the

decision taken shall be communicated to the petitioner.

7. With the above direction, the Writ Petition stands disposed of. No

costs.

                                                                                    19.08.2021
                Index              : Yes / No
                Internet           : Yes/ No

                dn

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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W.P(MD)No.14850 of 2021

To:

1.The Chief Educational Officer, Dindigul District, Dindigul.

2.The District Educational Officer, Palani, Dindigul District.

3.The Headmaster, Government High School, Manoor, Palani Taluk, Dindigul District.

4.The Senior Audit Officer, Lekha Pariksha Bhavan, AG's Avenue, Press Colony, Opp. To Mattuthavani Bust Stand, Madurai – 625 007.

https://www.mhc.tn.gov.in/judis/

W.P(MD)No.14850 of 2021

D.KRISHNAKUMAR, J.

dn

W.P(MD)No.14850 of 2021

19.08.2021

https://www.mhc.tn.gov.in/judis/