K.Babu Vs the Director of School Education

PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Mandamus to direct the respondents more particularly the 4^th

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respondent to forward the proposal for the purpose of release of the terminal benefits of the petitioner's wife Ms.Malarkodi as per the proceeding of the 2^nd respondent dated 29.08.2024 and accordingly direct the respondents to release the terminal benefits such as Gratuity, Provident Fund, Special Provident Fund, Earned Leave, Unearned Leave to the credit of the petitioner's wife Mrs.Malarkodi and the eligible family pension to the petitioner within a time frame fixed by this Court.

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For Petitioner : Mrs.Dakshayani Reddy Senior Counsel for Ms.S.Suneetha For Respondents : Mrs.P.Raja Rajeswari Government Advocate for R1 to R3 Mr.S.N.Ravichandran for R4

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O R D E R

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This writ petition has been filed for issuance of a Writ of Mandamus to direct the respondents more particularly the 4^th respondent to forward the proposal for the purpose of release of the terminal benefits of the petitioner's wife Ms.Malarkodi as per the proceeding of the 2^nd respondent dated 29.08.2024 and accordingly direct the respondents to release the terminal benefits such as Gratuity, Provident Fund, Special Provident Fund, Earned Leave, Unearned Leave to the credit of the petitioner's wife Mrs.Malarkodi and

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the eligible family pension to the petitioner within a time frame fixed by this Court.

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In the affidavit filed in support of the writ petition, it had been contended that the wife of the petitioner Malarkodi was appointed as Secondary Grade Teacher under the 4^th respondent on and from 23.09.1988. She was promoted to the post of B.T., Assistant on and from 01.08.2008. She had submitted her Voluntary Retirement Service proposal to the 4^th respondent on 01.10.2015. That particular proposal was not in an appropriate form. It had been forwarded by the 4^th respondent for further approval to the other respondents but the respondents had returned the same. In the meanwhile, the wife of the petitioner died on 08.12.2022. The proposal given by her to retire from service could now never be forwarded. She did not attend work from 01.10.2015. The 4^th respondent initiated proceedings charging her with absence. She died on 08.12.2022.

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The only issue is with regard to the period of service from 01.10.2015 till her death on 08.12.2022. The respondents have considered that since she did not discharge work, she is not entitled for any payment but the benefits

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which had accrued to her during the period of service from 23.09.1988 till 30.09.2015 must be paid to her. In this connection, the 4^th respondent is directed to forward a proposal that she is deemed to be in service till 08.12.2022 but not entitled for monetary benefits from 01.10.2015 till her death/08.12.2022, That particular proposal may be forwarded to the third respondent/District Educational Officer who may further forward it to the Chief Educational Officer who may pass necessary orders.

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A direction is issued to the 4^th respondent to forward a proposal in the aforementioned terms within a period of four weeks from the date of receipt of a copy of this order and on receipt of such communication from the 4^th respondent, the 2^nd & 3^rd respondents may pass appropriate orders within a further period of four weeks.

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