Madras High Court
R.Sasivarnam vs The Accountant General on 25 September, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.2159 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2024
CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
W.A.No.2159 of 2024
R.Sasivarnam .. Appellant
Vs
1.The Accountant General,
Office of the Principal AG & AE.,
Anna Salai, Chennai-600 018.
2.The Director of Pensioner,
Amma Valagam, 3rd Floor,
Chennai-600 003.
3.The District Educational Officer,
Coimbatore District,
Coimbatore.
4.The District Collector,
Office of the Collectorate,
Coimbatore.
5.The District Educational Officer,
SS Kulam, Ondiputhoor,
Coimbatore. .. Respondents
____________
Page 1 of 7
https://www.mhc.tn.gov.in/judis
W.A.No.2159 of 2024
Prayer: Appeal under Clause 15 of the Letters Patent against the
order dated 4.1.2024 passed by the learned Single Judge in
W.P.No.16100 of 2022.
For the Appellant : Mr.P.Muthusamy
For the Respondents : Mr.S.Yashwanth
Addl. Government Pleader
for respondents 2 to 5
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
This writ appeal is directed against the order dated 4.1.2024
passed by the learned Single Judge dismissing the writ petition filed
by the original writ petitioner.
2. The writ petition has been filed by the appellant for
issuance of a writ of mandamus directing the respondents to grant
the appellant all the retiral benefits, including monthly pension with
arrears, from the date of retirement of the appellant's late husband
Rangasamy.
____________
https://www.mhc.tn.gov.in/judis
3. The learned Single Judge dismissed the writ petition holding
that the appellant's husband did not even complete ten years of
service and while he was relieved from the post, he did not even
make any claim in respect of his terminal benefits till his demise.
Further, before the demise of the appellant's husband, he made a
representation on 1.3.2022 claiming pension, that too, without
claiming any terminal benefits. The appellant is not able to produce
any relevant document such as service register, relieving order,
retirement order or family pension order to claim any benefit based
on the service rendered by her deceased husband.
4. Learned counsel for the appellant submitted that the
appellant's husband, namely Rangasamy, served as a Physical
Education Teacher from 4.6.1956 to 6.7.1969 at various places i.e.
S.L.N.M. School at Palladam; Karavavi Sri Venkateshwara Higher
Secondary School at Appanaickenpatti and Chockang Chettiar
Mallammal Higher Secondary School at Vathamcheri. Despite
satisfying the requirement of rendering continuous service of more
than ten years, the learned Single Judge failed to consider the same.
____________
https://www.mhc.tn.gov.in/judis
Further, the learned Single Judge refused to receive the documents
filed in the form of additional documents, which are the proof of
completion of ten years of service, during the arguments.
5. Learned counsel for the appellant further submitted that the
appellant is ready to produce all relevant documents of the
appellant's husband before the educational authority concerned and
the educational authority may verify the same and, if satisfied,
grant all the retiral benefits, including the monthly pension to the
appellant.
6. Learned Additional Government Pleader appearing for
respondents 2 to 5 has no serious objection against granting
permission to the appellant to submit the relevant documents before
the fifth respondent.
7. In the light of the above and in the interest of justice, we
direct the appellant to produce all the original documents/
certificates pertaining to the service particulars of the appellant's
____________
https://www.mhc.tn.gov.in/judis
husband before the fifth respondent/District Educational Officer,
Coimbatore, within a period of two weeks from the date of receipt of
a copy of this judgment. Upon receipt of the original
documents/certificates, the fifth respondent shall verify the
genuineness of the same and take a decision on its own merits,
within a period of twelve weeks thereafter.
8. Accordingly, the impugned order of the learned Single Judge
is set aside and the appeal is allowed in terms aforesaid. There
shall be no order as to costs.
(D.K.K., ACJ.) (M.J.R., J.)
25.09.2024
Index : Yes/No
NC : Yes/No
bbr
____________
https://www.mhc.tn.gov.in/judis
To
1.The Accountant General,
Office of the Principal AG & AE.,
Anna Salai, Chennai-600 018.
2.The Director of Pensioner,
Amma Valagam, 3rd Floor,
Chennai-600 003.
3.The District Educational Officer,
Coimbatore District,
Coimbatore.
4.The District Collector,
Office of the Collectorate,
Coimbatore.
5.The District Educational Officer,
SS Kulam, Ondiputhoor,
Coimbatore.
____________
https://www.mhc.tn.gov.in/judis
THE HON'BLE ACTING CHIEF JUSTICE
AND
M.JOTHIRAMAN, J.
bbr
25.09.2024
____________
https://www.mhc.tn.gov.in/judis
