The Acting Chief Justice dismissed the writ appeal filed by the District Educational Officer, Thoothukudi. The court found no error in the Single Judge's order directing the appellant to settle the respondent's pensionary benefits with interest due to delay.
The Writ Appeal was dismissed. Connected miscellaneous petition was closed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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-
... 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.
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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.
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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.
[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.
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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
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1 issue framed by the court
Whether the order of the Single Judge directing the appellant to disburse pensionary benefits and interest was erroneous?
1 provisions across 1 enactments
The District Educational Officer, Thoothukudi
S. Albert
T.Raja
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
