Madras High Court
The District Educational Officer vs S. Albert on 26 April, 2023
W.A(MD)No.480 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.04.2023
CORAM:
THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE
and
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
W.A(MD)No.480 of 2023
and
CMP(MD)No.4936 of 2023
The District Educational Officer,
Thoothukudi,
Thoothukudi District. ... Appellant
-vs-
1. S. Albert
2. The Tuticorin Diocesan Association
(Registration No.1/1937038)
Rep by is Procurator and Chief Functionary,
Thoothukudi District.
3. The Manager,
R.C. Schools, Tuticorin Diocese,
Thoothukudi.
4. The Correspondent,
St. Marys Higher Secondary School,
Pothakalanvilai, Sattankulam Taluk,
Thoothukudi District. ... Respondents
PRAYER : Writ Appeal filed under Clause 15 of Letters
Patent, against the order dated 22.08.2022 made in W.P(MD)No.
8280 of 2016.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A(MD)No.480 of 2023
For Appellant : Mr.D.Sadiq Raja
Special Government Pleader
For R1 : Mr.T.Pon Ramkumar
JUDGMENT
[Judgment of the Court was made by
The Hon'ble The ACTING CHIEF JUSTICE]
This writ appeal is directed against the impugned order
dated 22.08.2022 passed by the learned Single Judge in
W.P(MD)No.8280 of 2016, directing the appellant to expedite the
process of settling the 1st respondent/writ petitioner's pensionary
benefits as early as possible preferably within a period of three
months from the date of receipt of copy of the order. The learned
Single Judge in the impugned order has clearly stated that for the
delay caused in disbursing the pensionary and other monetary
benefits, the writ petitioner is entitled to interest at the rate of
12% from the date of its due to the date of promotion as due as
claimed in the writ petition.
2. Heard both sides.
3. The writ petitioner was appointed as a Craft Teacher in
the 4th respondent school in the year 1986. While he was working
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W.A(MD)No.480 of 2023
as a Craft Teacher, he completed B.A., (Tamil) in the year 1992 and
B.Ed., in the year 1993. As per G.O.Ms.No.42, dated 10.01.1969
pre vocational instructors are entitled for advance increments if
they acquired B.T., or B.Ed., qualifications. Since the writ
petitioner satisfied the eligibility criteria to receive the two
incentive increments for acquiring B.Ed., degree, he claimed the
same and the appellant through his proceedings in R.L.No.5349
P4/ S4, dated 08/1994, had sanctioned two incentive increments
with effect from 27.08.1993. Subsequently, the writ petitioner also
obtained Master Degree in Tamil, for which also, he was granted
two more additional increments through the proceedings of the
appellant in O.Mu.No.3978 / B3 / 99, dated 23.09.1999 with effect
from 27.05.1997. The petitioner attained the age of
superannuation on 31.05.2015, but he was not relieved from
service and was also refused pensionary benefits. An attempt was
also made to recover the monies paid by way of incentive
increments for acquisition of post grduate qualification. Hence, he
filed writ petition. The learned Single Judge after considering the
claim of the writ petitioner, finding merits in favour of the writ
petitioner, allowed the writ petition concluding that the attempt to
recover the the monies paid by way of incentive increments for
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W.A(MD)No.480 of 2023
acquisition of post grduate qualification is against the law declared
by this court. The writ court also held that the delay in payment of
retirement benefits is not reasonable. On the said conclusions the
writ court allowed the writ petition directing the appellant to
disburse pensionary and other monetary benefits making it clear
that for the delay caused in disbursing the pensionary benefits,
the writ petitioner is entitled to interest at the rate of 12% as
aforesaid. We do not find any error or infirmity in the impugned
order.
4. Hence, the Writ Appeal fails and it is dismissed. No
costs. Connected miscellaneous petition is closed.
[T.R., A.C.J.] [R.S.M., J.]
26.04.2023
NCC : Yes / No
Index : Yes / No
Internet: Yes / No
bala
To
The District Educational Officer,
Thoothukudi,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.480 of 2023
T.RAJA, A.C.J.
and
R.SUBRAMANIAN, J.
bala
JUDGMNET MADE IN
W.A(MD)No.480 of 2023
DATED : 26.04.2023
https://www.mhc.tn.gov.in/judis
