Dismissed¶32

The District Educationalofficer, v. M.Thiruvalluvan

Writ Appeal – Terminal benefits

Madras HC19 Aug 2025WA(MD)/1128/2020

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Case brief

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What is this about?

Writ appeal dismissed; terminal benefits of suspended employee; disciplinary action; suspension w.e.f 20.06.2019; compulsory retirement set aside; writ petitioner deceased; earned leave encashment; special provident fund; Joint Director of School Education order dated 07.04.2025 in Na.Ka.No.31795/A3/E2/2019; deduction of Rs.1000/- from July 2019; District Educational Officer Orathanadu Thanjavur; M. Thiruvalluvan; W.P(MD)No.10889 of 2020; W.P(MD)No.21765 of 2023; O.Mu.No.1944/A1/2020; Madras High Court Madurai Bench; G.R. Swaminathan J.; K. Rajasekar J.; dated 19.08.2025.

What did the court decide?

None; the writ appeal was dismissed with no costs and the connected miscellaneous petition (C.M.P.(MD)No.6199 of 2020) was closed. ¶32

The District Educationalofficer, Vs M.Thiruvalluvan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; the writ appeal was dismissed with no costs and the connected miscellaneous petition (C.M.P.(MD)No.6199 of 2020) was closed.

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Issue for consideration

Whether the order dated 04.09.2020 passed by the learned single Judge in W.P(MD)No.10889 of 2020 (quashing O.Mu.No.1944/A1/2020 and directing reconsideration/payment of terminal benefits) should be set aside. +1 more

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Court's answer

Since a learned Judge of this Court had directed disbursement of the terminal benefits and that order still holds the field, there is no need to interfere with the order impugned in this writ appeal; the writ appeal is dismissed with no costs and the connected miscellaneous petition is closed.

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Key takeaways

The order dated 07.04.2025 passed by the Joint Director of School Education in Na.Ka.No.31795/A3/E2/2019 deserves to be set aside because it has not taken note of the writ order dated 19.03.2025 (whereby the punishment of compulsory retirement was set aside). No operative direction on this order is contained in the disposition of this appeal.obiter¶27

Detailed headnote1 paragraphs

Writ Appeal — Terminal benefits — Madurai Bench of Madras High Court (G.R. Swaminathan and K. Rajasekar, JJ.), judgment dated 19.08.2025: dismissed W.A(MD)No.1128 of 2020 filed by the District Educational Officer, Orathanadu, against the learned single Judge's order dated 04.09.2020 in W.P(MD)No.10889 of 2020, wherein the single Judge had quashed O.Mu.No.1944/A1/2020 dated 19-06-2020, remitted the matter for reconsideration and directed payment of the petitioner's earned leave encashment and Special Provident Fund within six weeks. During the pendency of the appeal the writ petitioner, M. Thiruvalluvan, who had been punished with compulsory retirement, passed away; the punishment was set aside in W.P(MD)No.21765 of 2023 (allowed on 19.03.2025) with directions to release terminal benefits within twelve weeks. The appellate authority (Joint Director of School Education) nonetheless confirmed the order on 07.04.2025 in Na.Ka.No.31795/A3/E2/2019 without noting the writ order, further directing deduction of Rs.1000/- from July 2019; the Bench observed that this order deserved to be set aside. Holding that the single Judge's direction for disbursement of terminal benefits still held the field, the Bench found no need to interfere with the order impugned, dismissed the writ appeal without costs and closed the connected miscellaneous petition.

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W.A(MD) No.1128 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 19.08.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.A(MD) No.1128 of 2020 & C.M.P.(MD)No.6199 of 2020

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The District Educational Officer, Office of the District Educational Office, Melur Village, Orathanadu, Thanjavur District. ... Appellant / Respondent

Vs.

M.Thiruvalluvan

... Respondent

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 04.09.2020 passed in W.P(MD)No. 10889 of 2020 on the file of this Court.

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For Appellant : Mr.C.Venkateshkumar Special Government Pleader

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For Respondent : Mr.Mohamed Zamil for M/s.Ajmal Associates

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1/5

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

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W.A(MD) No.1128 of 2020

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JUDGMENT

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(Judgment of the Court was made by G.R.SWAMINATHAN, J.)

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Heard both sides.

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2.Thiru.M.Thiruvalluvan / writ petitioner herein was working as Personal Assistant to the District Educational Officer, Orathanadu, Thanjavur District. Disciplinary action was initiated against him. He was placed under suspension w.e.f 20.06.2019. He was not permitted to retire from service on superannuation. His terminal benefits were not released. Hence, he filed WP(MD)No.10889 of 2020. The learned single Judge vide order dated 04.09.2020 disposed of the writ petition in the following

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terms:-

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“13. In the result, this Court is inclined to pass the following orders:(i) The impugned order passed by the respondent in his proceedings vide O.Mu. No.1944/A1/2020 dated 19-06-2020 is quashed; and (ii) The matter is remitted back to the respondent for reconsideration. While reconsidering the same, based on the aforesaid legal position, the respondent shall consider the request of the petitioner for releasing the said benefits, namely Earned leave encashment as well as Special Provident fund amount payable to the petitioner and the same shall be paid to the petitioner within a period of six weeks from the date of receipt of a copy of this order.”

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2/5

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

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W.A(MD) No.1128 of 2020

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Aggrieved by the same, this writ appeal has been filed.

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3.During the intervening period, certain developments took place. Thiruvalluvan was imposed with the punishment of compulsory retirement. Aggrieved by the same, he filed WP(MD)No.21765 of 2023. The writ petition was allowed on 19.03.2025. The punishment imposed on Thiruvalluvan who had passed away in the meanwhile was set aside. The authorities were directed to release the terminal benefits within twelve weeks. Ambujam wife of the writ petitioner had filed an appeal before the Joint Director of School Education in the meanwhile. Without taking note of the order dated 19.03.2025 whereby the punishment of compulsory retirement was set aside, the appellate authority confirmed the order. A further direction was given to the effect that a sum of Rs.1000/- should be deducted from the month of July 2019. The order dated 07.04.2025 passed by the Joint Director of School Education in Na.Ka.No.31795/A3/E2/2019 deserves to be set aside as it has not taken note of the writ order dated 19.03.2025.

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3/5

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

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W.A(MD) No.1128 of 2020

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4.When a learned Judge of this Court had directed disbursement of

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the terminal benefits and the order is still holding the field, there is no need to interfere with the order impugned in this writ appeal. The writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.S., J.) (K.R.S., J.) 19.08.2025

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Index : Yes / No Internet : Yes / No NCC : Yes / No rmi/SKM

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4/5

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

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W.A(MD) No.1128 of 2020

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G.R.SWAMINATHAN, J.

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AND K.RAJASEKAR, J.

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rmi/skm

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W.A(MD) No.1128 of 2020

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19.08.2025

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5/5

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

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 04.09.2020 of the learned single Judge in W.P(MD)No.10889 of 2020, by which the single Judge quashed the respondent's proceedings O.Mu.No.1944/A1/2020 dated 19-06-2020, remitted the matter for reconsideration and directed payment of earned leave encashment and Special Provident Fund to the petitioner within six weeks.¶11
Learned single Judge, Madurai Bench of Madras High Court · 04.09.2020
Prior proceeding
Writ petitioner Thiru.M.Thiruvalluvan was working as Personal Assistant to the District Educational Officer, Orathanadu, Thanjavur District.¶20
Prior proceeding
Disciplinary action was initiated against him and he was placed under suspension w.e.f 20.06.2019.¶20
Prior proceeding
He was not permitted to retire on superannuation, his terminal benefits were not released, and hence he filed WP(MD)No.10889 of 2020.¶20
Prior proceeding
The learned single Judge disposed of the writ petition vide order dated 04.09.2020.¶20
Prior proceeding
By that order, the impugned order in the respondent's proceedings O.Mu.No.1944/A1/2020 dated 19-06-2020 was quashed.¶22
Prior proceeding
The matter was remitted back to the respondent for reconsideration.¶22
Prior proceeding
The said benefits (earned leave encashment and Special Provident Fund) were ordered to be paid to the petitioner within six weeks from receipt of a copy of the order.¶22
Prior proceeding
During the intervening period, Thiruvalluvan was punished with compulsory retirement; aggrieved, he filed WP(MD)No.21765 of 2023, which was allowed on 19.03.2025.¶27
Prior proceeding
The punishment imposed on Thiruvalluvan, who had passed away in the meanwhile, was set aside, and the authorities were directed to release the terminal benefits within twelve weeks.¶27
Prior proceeding
Ambujam, wife of the writ petitioner, had in the meanwhile filed an appeal before the Joint Director of School Education.¶27
Prior proceeding
Without taking note of the order dated 19.03.2025 setting aside the punishment of compulsory retirement, the appellate authority confirmed the order.¶27
Prior proceeding
A further direction was given by the appellate authority that a sum of Rs.1000/- should be deducted from the month of July 2019.¶27

The District Educationalofficer, v. M.Thiruvalluvan

Case brief

What is this about?

What did the court decide?

The District Educationalofficer, v. M.Thiruvalluvan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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