✦ High Court of India · 30 Sep 2024

High Court · 2024

Case Details High Court of India · 30 Sep 2024

Court

High Court of India

Decided

30 Sep 2024

Bench

N ANAND VENKATESH

Length

1,413 words

Acts & Sections

Constitution of India

W.P.No.23780 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 30.09.2024CORAM :THE HONOURABLE MR.JUSTICE N.ANAND VENKATESHWrit Petition No.23780 of 2024P.Sylvia Grace …. Petitioner-Vs-1.The Government of Tamil Nadu Rep.by its Secretary School Education Department Fort St. George Chennai 600 009.2.The Director of School Education DPI Campus, College Road Chennai 600 006.3.The Accountant General of Ramilk Nadu Teynampet, Chennai 600 018.4.The Chief Accounts Officer and Financial Advisor Commissionarate of School Education DPI Campus, College Road Chennai 600 006.5.The Chief Educational Officer Office at Presidency Girls Higher Secondary School E Spur Tank Road, Egmore Chennai, Tamil Nadu 600 008.6.The District Educational Officer Chennai North, Chennai 600 049.1 / 9 https://www.mhc.tn.gov.in/judis W.P.No.23780 of 2024 7.The Correspondent TELC, Magdalene Girls Higher Secondary School Purasaiwakkam, Chennai 600 007. ….RespondentsPrayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents No.5 & 6 to pay DCRG Earned Leave Surrender, Leave Salary and pay Arrears/Family Benefit Fund/Leave on Private Affairs/Special Provident Fund, etc, with 8% interest from 01.06.2023 forthwith.For Petitioner :Mr.P.Ebeenezer PaulFor Respondents :Mr.S.PrabhakaranGovernment Advocatefor R1, R2, R4 to R6Mr.P.ManorajanStanding Counselfor R3No Appearance for R7 O R D E R This writ petition has been filed for the issue of a writ of mandamus directing the 5th and 6th respondents to pay DCRG, leave on private affairs and the arrears of pay for the period during which the service of the petitioner was extended for a period of two months.2.The case of the petitioner is that she was serving as Headmistress in the 7th respondent aided School from 16.10.2015 to 31.03.2023. Thereafter, her services 2 / 9 https://www.mhc.tn.gov.in/judis W.P.No.23780 of 2024 were extended for two more months till 31.05.2023. The pension proposal was submitted by the 7th respondent School on 31.05.2023. Certain clarifications were sought for based on the audit objection that was made. It was brought to the notice of the 7th respondent that the 7th respondent has to remit a sum of Rs.21,43,591/- to the Government. On 01.11.2023, the management of the 7th respondent School gave an undertaking to pay this amount. As a follow up, the management of the 7th respondent also paid a sum of Rs.5,00,000/- on 12.06.2024 and the balance amount that is payable is Rs.16,29,197/-.3.The grievance of the petitioner is that the petitioner is yet to be paid towards DCRG, LPA and two months salary arrears for the extended period. All the other payments were made under various heads on 01.06.2023. It is under these circumstances, the present writ petition came to be filed before this Court.4.The 6th respondent has filed a counter affidavit. The 6th respondent has taken a stand that audit objections were raised and it was found that a total sum of Rs.21,43,591/- was payable by the 7th respondent School to the Government. As on date, a sum of Rs.16,29,197/- is payable by the 7th respondent School. In the meantime, the pension payable to the petitioner has been authorized and the petitioner is also receiving the pension. In view of the same, the 6th respondent has taken a stand that as and when the management of the School remits the amount into 3 / 9 https://www.mhc.tn.gov.in/judis W.P.No.23780 of 2024 the Government account, steps will be taken to release the amount to the petitioner towards DCRG, LPA etc.5.The learned Government Advocate appearing on behalf of respondents 1, 2, 4, 5 & 6 submitted that after the counter affidavit was filed before this Court, all other amounts have been paid except DCRG.6.Heard Mr.P.Ebeenezer Paul, learned counsel for the petitioner, Mr.S.Prabhakaran, learned Government Advocate for R1, R2, R4 to R6 and Mr.P.Manorajan, learned Standing Counsel for R3. There was no appearance for R7 either in person or through counsel.7.The short issue that arises for consideration in the present writ petition is as to whether the audit objection that has been raised against the 7th respondent School will dis-entitle the petitioner from receiving the amount due and payable to her towards DCRG.8.It is seen from records that after the pension proposal was submitted by the 7th respondent School on 31.05.2023, the same was also authorized by the 6th respondent through letter dated 07.03.2024, where it is seen that a sum of Rs.20,00,000/- was authorized to be paid under the head of DCRG. This authorization 4 / 9 https://www.mhc.tn.gov.in/judis W.P.No.23780 of 2024 is valid for a period of one year. Hence, it is clear that there is no complaint against the petitioner for any wrong/excess salary received or any misappropriation on the part of the petitioner from the Government funds. The audit objection that has been raised pertains to the amount that is payable by the 7th respondent School and it has nothing to do with the amount that is due and payable to the petitioner. In other words, the audit objection is not directed against the petitioner for having received any excess salary or on account of wrong fixation of pay etc.9.It will be relevant to take note of the Circular issued by the Director of School Education dated 26.04.2024. The relevant portions are extracted hereunder:2) jzpf;if mwpf;fif bgw;w epiypay; Xa;t[g; bgw;w Xa;t[ bgwt[s;s jiyik Mrphpah;fs;- Mrphpah;fs; kPJ jdpg;gl;l muR epjp rhh;e;j jzpf;ifj; jil epYit (Specific audit objection on wrong/excess salary received by concerned Headmaster/Teacher or any misappropriation of Government funds concerned Headmaster/Teacher Vjkpy;iy vd;w epiyapy;. Xa;t[ bgw;wth;fSf;F cldoahf 30 ehl;fSf;Fs; midj;J Xa;t{jpa gyd;fSk; bgw;W tH';fg;gl ntz;Lk;/3) Xa;t[ bgw;w rhhe;j jiyik Mrphpahpd; gzpf;fhyj;jpw;F cl;glhj Ke;ija my;yJ gpe;ija gs;sp rhh;e;j jzpf;if jilfSf;fhf jdpahhpd; Xa;t{jpa gyd;fis epWj;jp itj;jy;TlhJ/5 / 9 https://www.mhc.tn.gov.in/judis W.P.No.23780 of 2024 10.The learned Government Advocate also brought to the notice of this Court the Circular dated 28.09.2023, issued by the Director of School Education. In this Circular, Sl.No.2 is extracted hereunder:2/midj;J khtl;;l Kjd;dikf; fy;tp mYtyh;fs; kw;Wk; khtl;lf; fy;tp mYtyh;fs; (,ilepiy-bjhlf;f) j';fs; MSifapd; fPH; gzpg[hpe;J Xa;t[ bgWk; Mrphpah;fs;-jiyikahrphpah;fs; fPH; gzpg[hpe;J Xa;t[ bgWk; Mrphpah;fs;-jiyikahrphpah;fs;-,ju gzpahsh;fs;- tl;lhuf; fy;tp mYtyh;fs; Mfpnahhpd; Xa;t{jpaf; fUj;JUtpid (khepyf; fzf;fhaUf;F) ghpe;Jiuf;Fk; Kd;dh; rk;ke;jg;gl;l Mrphpah;fs;-jiyikahrphpah;fs;-,ju gzpahsh;fs;-tl;lhuf; fy;tp mYtyh;fs; rhh;e;j jtwhd Cjpa eph;zak;-jtwhd Cf;f Cjpa eh;zak;-ntW VnjDk; TLjy; epjp Mjhak; my;yJ rhh;e;j jiyikahrphpah;fs[;-Mrphpah;fs;-mYtyh;fs; Kd;djhf gzpg[hpe;Js;s midj;Jg; gs;spfspy;-mYtyf';fspy; gzpg[hpe;Js;s fhy';fspy; epjp ,Hg;g[ rhh;ghd jzpf;if jil gj;jpfs; Vjk; epYit ,y;iy vd cWjp bra;j gpd;dnu Xa;t{jpaf; fUj;JUtpid brd;id?18. khepyf; fzf;fhaUf;F ghpe;Jiuf;f ntz;Lk;/11.It is clear from the above Circulars that unless and otherwise the audit objection pertains to the wrong/excess salary paid to a teacher, the terminal benefits that are due and payable to the teacher cannot be kept under hold based on the audit objection. The audit objection that has been made against the 7th respondent School 6 / 9 https://www.mhc.tn.gov.in/judis W.P.No.23780 of 2024 does not pertain to the salary or pay fixation of the petitioner. Therefore, such audit objection cannot be put against the petitioner and the petitioner cannot be deprived of the terminal benefits after retirement. There is no dispute with regard to the amount payable to the petitioner towards DCRG and the same is evident from the approval that was already given by the office of the Accountant General after the proposal was placed by the 7th respondent School. During the pendency of this writ petition, all other amounts have been paid to the petitioner except DCRG.12.In the light of the above discussion, this writ petition is disposed of with a direction to the 5th respondent to take immediate steps to pay the amount towards DCRG to the petitioner within a period of four weeks from the date of receipt of copy of the order. It is made clear that if this amount is not settled within the time frame fixed by this Court, the same will carry an interest of 6% p.a, from the date on which it became due and payable till the date of actual settlement of the amount.13.This writ petition is disposed of with the above directions. No costs.30.09.2024Index : Yes/NoNCS : Yes/NoKP7 / 9 https://www.mhc.tn.gov.in/judis W.P.No.23780 of 2024 To1.The Secretary Government of Tamil Nadu School Education Department Fort St. George, Chennai 600 009.2.The Director of School Education DPI Campus, College Road Chennai 600 006.3.The Accountant General of Ramilk Nadu Teynampet, Chennai 600 018.4.The Chief Accounts Officer and Financial Advisor Commissionarate of School Education DPI Campus, College Road Chennai 600 006.5.The Chief Educational Officer Office at Presidency Girls Higher Secondary School E Spur Tank Road, Egmore Chennai, Tamil Nadu 600 008.6.The District Educational Officer Chennai North, Chennai 600 049.7.The Correspondent TELC, Magdalene Girls Higher Secondary School Purasaiwakkam, Chennai 600 007. 8 / 9 https://www.mhc.tn.gov.in/judis W.P.No.23780 of 2024 N.ANAND VENKATESH, J.KPWrit Petition No.23780 of 202430.09.20249 / 9

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