IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :03.08.2017 CORAM THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.3290 of 2010 A.Manimegalai Vs
1. The Director, Department of School Education, Nungambakkam, Chennai - 600 006.
2. The Joint Director, .. Petitioner Directorate of Elementary Education, DPI Campus, College Road, Nungambakkam, Chennai - 6.
3. The District Educational Officer, District Elementary Education Department, 5th Street Gandhi Nagar, Tiruvannamalai.
4. The Assistant Elementary Educational Officer, District Elementary Education Department, 5th Street Gandhi Nagar, Thiruvannamalai.
5. The Secretary, Aided Primary School, Chinna Kangayanur Village, Pallikondapattu Village, Thiruvannamalai Taluk District.
6. The Accountant General (A&E) Tamil Nadu, Teynampet, Chennai - 600 018.
(R6-Impleaded as per order dated 03.12.2014 by in M.P.Nos.1,2, 1 and 2/2012 in W.P.Nos.3290 and 3291 of 2010)
7. The President, Vellore District Government Employees Co-operative Society Ltd., C.3858, No.49, Kottai Road, Bharathiyar Salai, (Fort Campus), Vellore - 631 001.
8. The President, Tiruvannamalai Panchayat Union Employees and Teachers and aided School Teachers Co-operative Credit and Thrift Society Limited, 11/6, Mathalangula Main Road, Mosque (Opp), H.H.453, Tiruvannamalai.
(R7 and R8 Impleaded as per order dated 10.12.2014 in M.P.No.2 of 2014 in W.P.Nos.3290 and 3291 of 2010) .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other appropriate writ direction or order in the nature of a writ directing the 5th respondent to process the application for pensionary benefits submitted by the petitioners consequent on their retirement on 30.11.2007 AN as Secondary Grade Teacher of 5th respondent school and to submit the same to the sixth respondent and consequently direct the 6th respondent to authorise the payment of pensionary benefit to the petitioners, all within a limited time-frame and pass such further or other orders.
For Petitioner :M/s.J.Muthukumaran For Respondents :Mr.R.Govindasamy Special Government Pleader for R1 to R4 M/s.S.N.Ravichandran for R5 M/s.V.Vijay Shankar for R6 M/s.G.Thilakavathi Senior Counsel for R7 ORDER The writ petition has been filed by the petitioner seeking for issuance of a Writ of Certiorarified Mandamus to direct the 5th respondent to process the application for pensionary benefits submitted by the petitioner, consequent on her retirement on 30.11.2007 AN as Secondary Grade Teacher of the 5th respondent school and to submit the same to the 6th respondent and consequently, to direct the 6th respondent to authorise the payment of pensionary benefit to the petitioner all within a limited time framed by this Court.
2. I heard Mr.J.Muthukumaran, learned counsel appearing for the petitioner; Mr.R.Govindasamy, learned Special Government Pleader for respondents 1 to 4; M/s.S.N.Ravichandran, learned counsel appearing for the 5th respondent; and Mrs.G.Thilakavathi, learned counsel appearing for the 7th respondent and also perused the materials available on record.
3. The Writ Petitioner has worked as Secondary Grade Teacher in the 5th respondent-School and retired from her service on 30.11.2007. On 01.08.2007, the 5th respondent is directed the petitioner to submit her application for disbursing her retirement benefits including pension. In compliance with the said direction, the petitioner had submitted her application for disbursement of terminal benefits. After submitting the application, the 5th respondent, by his letter dated 28.09.2007, has directed the petitioner to obtain "No Objection Certificate" or "No Due Certificate" from Co-operative Societies and the Banks, after discharging their debts due thereon, shall produce such "No Objection Certificate". The petitioner has requested the respondent that the petitioner's application for terminal benefits of her retirement would be considered and the same may be recommended to the authorities concerned for the disbursement of terminal benefits and the 5th respondent has no authority to withhold her application for terminal benefits on the extraneous grounds. Hence, the writ petition has been filed for the aforesaid prayer.
4. The writ petitioner also states that the 5th respondent expected to send the proposal of the terminal benefits to the authority concerned and the 5th respondent having right to submit No Objection Certificate pertaining from the Government Societies and banks.
5. In the counter affidavit filed by the 5th respondent, it is seen that the writ petitioner has reached superannuation on 30.11.2007. While she was in service, she has obtained a loan from the nationalized banks and Co-operative Societies on the basis of the pay certificate issued by the 5th respondent. Since she has not discharging loans, the same was placed before the school committee on 23.07.2007 and a decision has been taken in the meeting, directing the petitioner to submit the application for pension along with "no due certificate" from the respective banks, by his letter dated 01.08.2007. Inspite of many reminders, the writ petitioner has not chosen to submit the necessary proposal for pension so as to enable the 5th respondent/Management to forward the same to the authorities.
6. The 5th respondent further states that the writ petitioner has obtained a loan from the Indian Overseas Bank, Thiruvannamalai and also obtained the loan from the Thiruvannamalai Panchayat Union Government Servants Co-operative Thrift and Credit Society, Thiruvannamalai. As per the demand notice of the T.V.Malai P.U.Employees Teachers and Aided School Teachers Co-Operative Thrift and Credit Society Limited, the interest has be paid by the petitioner till the date of settling the amount to the Bank as well as the Society.
7. The 5th respondent has directed the petitioner to obtain the no due certificate from the above banks and societies. Thereafter only they would send a proposal to the authority. Therefore, the 5th respondent has prayed before this Court to dispose of the writ petition.
8. Admittedly, the writ petitioner was worked in the 5th respondent School for more than 31 years and she also admitted that during the course of her service, she obtained loan from the Bank as well as the Society. When the writ petitioner was reached superannuation on 30.11.2007, she was directed to submit her application for pension benefit, by the letter of the 5th respondent on 23.07.2007. Accordingly, the petitioner has submitted the application for the proposal of the service benefits. But, the 5th respondent is directed the writ petitioner to produce No Objection Certificate, which would be obtained from the Society and Bank and thereafter only, they would forward the said application to the authority.
9. This Court finds force in the argument of the writ petitioner. When the writ petitioner was put up her service unblemished in the 5th respondent school, the 5th respondent should forward her application for the service benefits of the petitioner to the authority concerned. No Rule or Act says that unless the writ petitioner has produced No Objection Certificate obtained from the Bank and the Society, the 5th respondent should not send his proposal to the authority concerned for getting terminal benefits. Therefore, when the writ petitioner has submitted her application on 23.07.2007 as per direction of the 5th respondent, it is duty bound of the 5th respondent to forward the said application to the authority concerned with regard to the terminal benefits of the petitioner.
10. This Court finds that it is the burden of the writ petitioner to pay the said loan amount obtained from the Society and Bank. The Society and Bank are permitted to collect the said amount from the writ petitioner in the manner known to law and the 5th respondent has no right to direct the petitioner to submit No Objection Certificate. Admittedly, this petitioner was retired from her service on 30.11.2007 and the proposal for service benefits to be sent by the 5th respondent authority concerned is pending for more than ten years without any further progress. Since the employee was worked in the 5th respondent school and she was retired from her service on 30.11.2007, without receiving any retirement benefits, how she would run her family, without any income. This fact was not considered by the 5th respondent and they are not received the said application till date, which is totally against the principles of natural justice.
11. In the result, I am inclined to pass the following orders:
(a) The Writ Petition is allowed by directing the 5th respondent to process the application for the pension benefits, consequent to the retirement on 30.11.2007 as Secondary Grade Teacher of 5th respondent school and submit the same to the 6th respondent within a period of four weeks thereafter;
(b) On receipt of the said application, the 6th respondent is hereby directed to authorize the payment of pension benefits to the petitioner within a period of eight weeks thereafter.
03.08.2017 ub http://www.judis.nic.inIndex:yes/No To
1. The Director, Department of School Education, Nungambakkam, Chennai - 600 006.
2. The Joint Director, Directorate of Elementary Education, DPI Campus, College Road, Nungambakkam, Chennai - 6.
3. The District Educational Officer, District Elementary Education Department, 5th Street Gandhi Nagar, Tiruvannamalai.
4. The Assistant Elementary Educational Officer, District Elementary Education Department, 5th Street Gandhi Nagar, Thiruvannamalai.
5. The Secretary, Aided Primary School, Chinna Kangayanur Village, Pallikondapattu Village, Thiruvannamalai Taluk District.
6. The Accountant General (A&E) Tamil Nadu, Teynampet, Chennai - 600 018.
7. The President, Vellore District Government Employees Co-operative Society Ltd., C.3858, No.49, Kottai Road, Bharathiyar Salai, (Fort Campus), Vellore - 631 001.
8. The President, Tiruvannamalai Panchayat Union Employees and Teachers and aided School Teachers Co-operative Credit and Thrift Society Limited, 11/6, Mathalangula Main Road, Mosque (Opp), H.H.453, Tiruvannamalai.
M.V.MURALIDARAN, J.
ub W.P.No.3290 of 2010 03.08.2017 (1/2)