ORDER

This writ petition has been filed by the petitioner to direct the respondents to release the pensionary benefits of the petitioner with effect from

01.06.2017.

2. The case of the petitioner is that the petitioner joined the services of the third respondent as B.T.Assistant on 07.07.1989 and thereafter, he was promoted as P.G.Assistant on 06.01.2003. While he was in service, the post of Headmaster of the school fell vacant. Accordingly, he held the post of Headmaster(in-charge) from 31.05.2014. Thereafter, the said post was filled up on 11.05.2016 and thereafter, he was holding the post of P.G.Assistant and retired from service.

3. The grievance of the petitioner is that his retirement benefits and other monetary benefits were not disbursed to the petitioner. Hence, he made a representation on 14.11.2019. Subsequently, the second respondent sent a communication, dated 27.11.2019, informing the petitioner that his request for sanctioning the pension would be possible only after obtaining 'No Objection Certificate' from the third respondent. However, till date, the terminal benefits were not disbursed to the petitioner. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

4. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondents are directed to dispose of the representation of the petitioner, dated 14.11.2019, on merits and in accordance with law, within a specified period.

5. The learned counsel appearing for the third respondent school management, would submit that the petitioner joined service as B.T.Assistant in the year 1989 and was promoted as P.G.Assistant in the year 2003 and attained the age of superannuation on 31.05.2017. However, the previous school management appointed the writ petitioner as Headmaster(in-charge) from 01.06.2014 and his appointment was not approved by the School Education Department. However, he continued his service as Headmaster(in-charge) till 11.05.2016 at the mercy of the previous school management. During that period, the petitioner spent a sum of Rs.4,63,959/- from the Special Fees Funds granted by the Government without any prior approval either from the management or from the Education Department and further, incurred an expenditure of a sum of Rs.3,04,108/- from the Parent-Teacher Association Fund and these withdrawals made by the petitioner are against law and the same cannot be ratified by the School Committee against the Rules framed under the Tamil Nadu Private Schools (Regulation) Act, 2018, and therefore, the writ petition is liable to be dismissed.

6. The learned counsel appearing for the third respondent further submitted that as per Rules 11, 23, 24 to 28 and Annexure-I of the Tamil Nadu Private Schools Regulation Rules, all payments of grants has to be periodically accounted and audit report has to be submitted to the competent authority. As per G.O.(Ms)No.246, School Education Department, dated 08.12.2008, the grants sanctioned to the aided schools can be withdrawn and utilized only by forming a committee of teaching staff headed by school Headmaster and the same has to be accounted as directed in the said Government Order and the said Government Order fixed monetary limits of withdrawals for the concerned authority, as upto Rs.50,000/-, the Headmaster on his own can withdraw the amount, from Rs.50,000/- to Rs.75,000/- the Headmaster Committee has to get prior approval fro the District Educational Officer and from Rs.75,000/- to Rs.1,00,000/-, they have to get prior approval from the Director of School Education Department. However, in the present case, the petitioner has not obtained any prior approval or ratification from the Government. Hence, the withdrawal of a sum of Rs.4,63,959/- from the Special Fees Funds granted by the Government and a sum of Rs.3,04,108/- from the Parent-Teacher Association Fund, without getting prior approval and ratification from the competent authority, is illegal. However, t