The wife of the former Head Master of Tiruppur Panchayat Union elementary School has filed this writ petition seeking retirement benefits from the date of his super-annuation which falls on 31.12.1997.
2. The wife has filed this writ petition as next friend and natural guardian on behalf of her husband employee, who according to the petitioner, is undergoing treatment for mental illness and therefore, unable to prosecute the writ petition.
3. The brief facts of the case are as follows:-
The petitioner N. Arumugam, joined as Secondary Grade Teacher in Tiruppur Panchayat Union Elementary School on 4.8.1961. While he was serving as Head Master, from 18.6.1991 to 15.6.1992, he suffered serious mental illness and deteriorated thereafter. From the documents produced by the respondents, there is a medical certificate dated 25.8.1998 issued by Dr. S. Velmurugan, Psychiatrist and Civil Sergeon at Government Head Quarters Hospital, Erode, which gives the nature of treatment given for the mental illness. The petitioner was not regular in going to the school and due to his unauthorised absence, he was suspended. The suspension was revoked thereafter. A memo has been issued on 27.10.1994 to report to duty. The petitioner however failed to report to duty and therefore, on 20.3.1995, a show cause notice was issued calling for explanation as to why the petitioner should not be removed from service. The petitioner, due to his ill health did not submit his explanation and the authorities, on their own, without following the procedures prescribed under the Tamil Nadu Civil Services (Discipline and Appeal) Rules 1955 passed an order on 18.5.1995 removing the petitioner from service. Thereafter, by efflux of time, he reached the age of superannuation.
4. The wife, as a guardian and next friend, approached the authorities for payment of provident fund amount and other benefits and made a representation on 9.10.1998. She pointed out the serious health condition suffered by her husband and sought for pension stating that he is an invalid person. On 4.11.1998, the school education authorities based on medical records have recommended for grant of pension. The second respondent also sent a recommendation on 3.3.2000. Considering the recommendation of the second respondent dated 3.3.2000, the Government passed an order in letter No.8131/S.1/2000-6, dated 26.11.2001 wherein, the Secretary to Government came to a definite conclusion that the proceedings of the respondents dismissing the petitioner from service was in total violation of the Rules and the order of dismissal was a non speaking order. From the impugned proceedings, it is clear that grave injustice has been caused to the teacher, who is suffering mental illness. The Government, however, did not think it fit to pass appropriate orders by way of relief. It rejected the plea for pension. Aggrieved thereby, the present writ petition has been filed.
5. In the counter filed by the first respondent, the events as narrated above, is not disputed. It also appears that the authorities have recommended the petitioner's case for pension on coming to know about the health set back suffered by the petitioner. The respondents brought to the attention of the Court, the medical certificate issued by Dr.S. Velmurugan, dated 25.8.1998, which has already been submitted to respondents by the wife of the petitioner. The opinion of the Doctor reads as follows:-
" I am of opinion that Mr. Arumugham is suffering from mental illness (schizo affective Disorder). Since 6 years his behaviour changes are attributed to his mental illness. He is deteriorating in physical and mental health for want of regular psychiatric treatment. At present he is well deteriorated in his mental faculties. Because of his mental illness, he was not able to represent his grievances to Government properly and in due time. His irregular behaviour on account of his mental illness may be considered sympathetically and pension and service benefits may be granted to him. "
6. During the course of treatment, the Doctor has come to the clear conclusion that the proceedings initiated by the Department in the course of the first charge memo and during the time of punishment, the petitioner Head Master has suffered mental illness and has been refusing to take medical treatment and his health deteriorated to such an extent that he could not respond to any of the proceedings of the department. In this case, even as per the impugned order, it is clear that the respondents have not followed the procedure prescribed under
Section 17(b) of the Rules. Therefore, there is grave injustice caused to the petitioner. The order of dismissal passed in violation of the above said Rules, therefore cannot stand in the way of the petitioner getting the retirement benefits. The reason for the delay in prosecuting the writ petition challenging the order of dismissal and for relief of pension is justified by the following factors.
(i) After the rejection of the Government to grant family pension, the petitioner approached Tamil Nadu Administrative Tribunal, however, the same was not numbered and the Tribunal was abolished. Thereafter, the writ petition was filed and on explaining the delay, the writ petition was admitted.
(ii) The medical certificate produced by the Doctor, which is not disputed by the respondents, clearly established that the delay was only because of the grave suffering of the family due to the mental illness of the breadwinner.
(iii) At this point of time, the question of delay will not stand in the way of granting the relief in the writ petition as it is found to be genuine and bonafide.
7. The counsel for petitioner fairly states that no relief with regard to the backwages is claimed at the present moment. The petitioner's prayer relates to retirement benefits and pensionary benefits from the date of super-annuation which falls on 31.12.1997 only. Even as per the impugned order, the order of dismissal has been passed in violation of the Rules. The impugned order of dismissal is therefore set aside. The petitioner, who has put sufficient qualifying years of service as a teacher, will be entitled to all retirement benefits including pension as applicable. It is made clear that there is no claim with regard to backwages. The respondents are directed to dispose of the claim within a period of twelve weeks from the date of receipt of a copy of this Order. The writ petition is ordered in the above terms. No costs.
ra To
1. The District Elementary Educational Officer, Erode District, Erode.
2. The Director of Elementary Education, Chendnai.6.
3. The Secretary to Govt., School Education Department, Fort St. George, Chennai 9