BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2024 CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.191 of 2024 B.Arunkumar .. Petitioner Vs.

1. The Director of Elementary Education, O/o. the Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

2. The District Educational Officer (Elementary), O/o. the District Educational Officer (Elementary), Ottanchathiram - 624 619, Dindigul District. 3. Radha Rani. S, The Headmistress, Panchayat Union Middle School, Renganathapuram, Vedasandur Block, Dindigul District -624 711. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of of Mandamus, directing the respondent No.2 to withhold the pensionary benefits to the respondent No.3, by not allowing the respondent No.3 to retire on voluntary retirement scheme (VRS) by considering the petitioner's representations dated 15.10.2023 and 17.10.2023 within the time stipulated by this Court.

For Petitioner : Mr.S.Louis For Respondents : Mr.T.Amjadkhan Government Advocate for R1 and R2 : Mr.T.Antony Arul Raj for R3

ORDER

The petitioner filed this writ petition seeking for issuance of a Writ of Mandamus, to direct the respondent No.2 to withhold the pensionary benefits to the respondent No.3, by not allowing the respondent No.3 to retire on the voluntary retirement scheme (VRS) by considering the petitioner's representations dated 15.10.2023 and 17.10.2023 within the time stipulated by this Court.

2. Heard Mr.S.Louis, learned counsel appearing for the petitioner, Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents 1 and 2 and Mr.T.Antony Arul Raj, learned counsel appearing for the respondent No.3.

3. By consent of both parties, this writ petition is taken up for final hearing at the admission stage itself.

4. The petitioner was appointed as a Secondary Grade Teacher on

10.01.1991 and he has been serving as the BEO in Vedasundur Block since 30.11.2018. Some teachers including the third respondent have given a complaint against the petitioner for sexual harassment and for which the petitioner was placed under suspension by the first respondent on 07.10.2021. In the Internal Complaints Committee, an enquiry has been initiated and in which report has been given that the complaint against the petitioner was not proved.

5. After the report was furnished to the petitioner, he gave a representation on 06.06.2022 to the first respondent to revoke his suspension and the same has been revoked subsequently. Since no action was taken on his representation, the petitioner has filed a writ petition in W.P(MD)No.11716 of 2022 for getting his suspension revoked in view of the report of the Internal Complaints Committee.

6. Even after the Internal Complaints Committee report dated

25.05.2022 was filed, the petitioner was issued with a charge memo dated 17.06.2022 to appear for enquiry. The petitioner has filed a separate writ petition in W.P(MD)No.13011 of 2022 challenging the said disciplinary action initiated against him. The petitioner has also given a representation dated 15.10.2023 to the respondents 1 and 2 and all the authorities concerned to take necessary disciplinary action against all those teachers, who had preferred a false complaint against him under Section 14 of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 and not to allow pensionary benefits to them.

7. The petitioner had given another representation dated 17.10.2023 to the second respondent to take action against the third respondent for having given a false complaint. The petitioner has filed a private complaint before the Judicial Magistrate under Section 200 Cr.P.C and the same is still pending. The third respondent has preferred to go on voluntary retirement. However, she is liable to face the action initiated by the second respondent in pursuant to the representation given by the petitioner. Since no action has been taken against th