A writ petition for terminal benefits, filed after a delay and with no reasonable explanation, may be dismissed on the ground of delay and laches.

W.P.(MD)No.704 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 11.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.(MD)No.704 of 2023

S.Chinnapoo ... Petitioner

Vs.

1. The Joint Director of School Education (Vocational),

D.P.I.Campus, College Road,

Chennai-600 006.

2.The Chief Educational Officer,

Kanyakumari District,

Nagercoil-629 001.

3.The District Educational Officer,

District Educational Office,

Thuckalay Post, Kalkulam Taluk,

Kanyakumari District.

4.The Correspondent,

Sarojini Memorial Higher Secondary School,

Orappanavilai, Ammandivilai Post,

Kalkulam Taluk, Kanyakumari District.

... Respondents

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W.P.(MD)No.704 of 2023

PRAYER : Petition filed under Article 226 of the Constitution of India

praying for issuance of Writ of Mandamus, directing the respondents to

consider the petitioner's representation dated 08.10.2018 and to grant

retirement benefits due to the petitioner within a stipulated time fixed by

this Court.

For Petitioner

:

Mr.M.Saravanakumar

For Respondents :

Mr.S.Saji Bino

Special Government Pleader

for R1 to R3

O R D E R

This Writ Petition has been filed to direct the respondents to

consider the petitioner's representation dated 08.10.2018 and to grant

retirement benefits due to the petitioner within a stipulated time fixed by

this Court.

2. The learned counsel appearing for the petitioner would submit

that the petitioner was initially appointed as single part time Vocational

Instructor in the 4^th respondent School and thereafter, was appointed as

Double Part Time Vocational Instructor. His appointment was approved with

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W.P.(MD)No.704 of 2023

effect from 01.04.1990 and he was paid with time scale of pay. While so,

without conducting any enquiry, he was removed from service by the 4^th

respondent on 23.02.1993. Challenging the same, a writ petition has been

filed in W.P.No.7512 of 1993 and the same was allowed on 14.09.2004,

against which, the 4^th respondent has preferred a writ appeal in W.A.No.

2670 of 2001 and the same was allowed in part on 05.03.2007 by modifying

the order of the writ Court regarding reinstatement with full backwages to

the extent that “instead of reinstatement, with option for further enquiry, a

compensation of Rs.9 lakhs (Rupees Nine Lakhs only) shall be paid by the

Management to the respondent No.1/petitioner herein”. In the mean time,

the petitioner has attained the age of superannuation on 31.05.2013 and

thereafter, he has sent several representations to the respondents to pay the

pension and all other monetary benefits due to him. However, the same was

not considered. Hence, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner would submit

that admittedly, the petitioner was removed from service and the said order

was challenged by way of a writ petition in W.P.No.7512 of 1993 before the

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W.P.(MD)No.704 of 2023

Principal Bench of this Court and the same was allowed on 14.09.2001 by

issuing a direction to the School Correspondent to reinstate the petitioner in

service with all backwages and other attendant benefits. The said order was

challenged before the Principal Bench of this Court in W.A.No.2670 of

2011 and the same was allowed in part on 05.03.2007 by modifying the

order of the Writ Court. However, the petitioner is entitled for terminal

benefits. Hence, this Court may issue a direction to the respondents to

consider the representation of the petitioner dated 08.10.2018.

4. Heard the learned counsel appearing for the petitioner and the

learned Special Government Pleader appearing for the respondents 1 to 3.

5. The facts in the present case are not in dispute. Adm