Madras High Court
The Manager vs P.Arul Jothi Kirubah on 7 April, 2025
Bench: J. Nisha Banu, S.Srimathy
W.A.(MD)No.128 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.04.2025
CORAM:
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MRS JUSTICE S.SRIMATHY
W.A.(MD)No.128 of 2024
and
C.M.P.(MD)No.1041 of 2024
1.The Manager,
High and Higher Secondary School,
CSI Thoothukudi Nazareth Diocese,
Nazareth, Caldwell School Campus,
100, Beach Road, Thoothukudi-628 001.
2.Premkumar Rajasingh
3.The Correspondent,
Mary Ann Best Girls Higher Secondary School,
Pandaranchettivilai-628 203,
Thoothukudi District. ...Appellants
-Vs-
1.P.Arul Jothi Kirubah
2.The Chief Educational Officer,
Thoothukudi.
3.The District Educational Officer,
Thoothukudi. ...Respondents
1/6
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W.A.(MD)No.128 of 2024
PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent Act, to set
aside the order of this Court made in W.P.(MD)No.7382 of 2023 dated
14.06.2023.
For Appellant : Mr.N.Dilip Kumar
For R2 & R3 : Mr.J.Ashok
Additional Government Pleader
For R1 : Mr.Kingsly Solomon
JUDGMENT
(Judgment of the Court was made by S.SRIMATHY, J.)
This writ appeal is filed against the order of this Court dated
14.06.2023 in W.P.(MD)No.7382 of 2023.
2.The first respondent was working as Headmistress in the third
respondent School. At the verge of her retirement, alleging certain illegalities,
the first respondent was suspended in the year 2022 and later she was issued with
a charge memo in the year 2023. Challenging the charge memo and the
suspension order, the first respondent herein filed writ petition. The said writ
petition was disposed of by the impugned order directing the authorities
concerned to conclude the disciplinary proceedings and also to disburse the
monetary benefits and gratuity to the writ petitioner. Challenging the said order,
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the present writ appeal is filed by the School Management. The relevant passage
of the order passed by the writ Court is extracted hereunder:
“4. Considering the special facts and circumstances obtaining
in this case, I direct the respondents to appoint a chartered accountant
having atleast ten years of standing and who is not a part of any of the
committees which had concerned itself with the issue on hand as enquiry
officer. This undertaking given by the private respondents is placed on
record. Since the petitioner had already reached the age of
superannuation, disciplinary action initiated against her should be
concluded on merits and in accordance with law within a period of six
months from the date of receipt of a copy of this order. It is further
submitted that the pension papers of the petitioner have not been
processed and therefore, the petitioner is not getting provisional pension.
A person against whom disciplinary action has been initiated and
suspended will be entitled to subsistence allowance. If she had crossed
the age of superannuation and has not been allowed to retire, she must
be paid provisionally. I direct the management to submit the relevant
proposals to the concerned authorities and the competent authorities are
directed to sanction and disburse provisional pension to the petitioner.
This disbursement shall be done within a period of eight weeks from the
date of receipt of a copy of this order. The gratuity and other monetary
benefits which cannot be denied under any circumstances shall also be
disbursed to the petitioner within a period of twelve weeks. All the
contentions of the petitioner are left open. If in the enquiry, the
presenting officer is a lawyer or a legally trained person who is not
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involved in this case, the petitioner also will be entitled to assistance of a
lawyer. If the presenting officer is not from a legal background, the
petitioner can only have the assistance of a non-legal person.”
3.Today, when the writ appeal was taken up for hearing, it was brought
to the notice of this Court that pending this appeal, the first respondent was
dismissed from service by the order of the first appellant dated 30.04.2024.
Challenging the said order, the first respondent filed W.P.(MD)No.12202 of 2024,
wherein the writ Court has directed the appellants to release the first respondent's
GPF within a period of four weeks.
4.In view of the above subsequent development, we pass the following
order:-
“If the first respondent succeeds in the pending writ petition,
she will be entitled to all her retirement benefits. However, we make it
clear that the first respondent is entitled to GPF, SPF and other
contributions which were deducted from her salary. Citing dismissal
order, the appellants cannot deny the first respondent's contribution, to
which she is legally entitled though she was dismissed from service.
Thus, the appellants are directed to pay the contribution amount to the
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first respondent within a period of six weeks from the date of receipt of
a copy of this judgment.”
5.With the above direction, this writ appeal is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
(J.N.B.,J.) (S.S.Y.,J.)
07.04.2025
Index : Yes/No
Internet : Yes/No
ta
To
1.The Chief Educational Officer,
Thoothukudi.
2.The District Educational Officer,
Thoothukudi.
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J. NISHA BANU,J.
and
S.SRIMATHY.J
ta
07.04.2025
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