T.Thegaleesan, v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.30741 of 2017 and WMP.No.33648 of 2017 T.Thegaleesan
...Petitioner
Vs.
1. The Principal Secretary to Government Higher Education Department Fort St.George Chennai
2. The Director of Collegiate Education Chennai-6
3. The Registrar Annamalai University Chidambaram
4. The Principal, Muthurangam Govt.Arts College Vellore
...Respondents
Prayer :- Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the 4th respondent in Na.Ka.No.925/A/2017 dated 02.11.2017 and quash the same and thereby, direct the respondents to pay the petitioner the salary and other allowances from August 2017 till date as like any other Assistant Professor with all attendant benefits and also direct the 4th respondent to pay compensation to the petitioner at Rs.5 lakhs for illegally stopping the salary of the petitioner.
For Petitioner : Mr.N.Suresh For Respondents : Mr.R.A.S.Senthilvel, Addl Govt.Pleader for R1 and R2.
Mr.R.Munusamy for R3
O R D E R
This Writ Petition is directed against the simple show cause notice dated 02.11.2017 issued against the petitioner with a direction to submit his explanation to the allegations mentioned therein within 15 days. In the penultimate paragraph of the said show cause notice, it has been mentioned that after receipt of the explanation, the payment of salary of the petitioner would be considered.
2. The learned counsel for the petitioner submitted that without passing any final order, the 4th respondent cannot come to a conclusion that no salary of the petitioner would be paid.
3. I do not find any justification to entertain the Writ Petition challenging only show cause notice. The order does not say that the petitioner will not be paid with salary, but, the petitioner being irregular, for the purpose of getting explanation to the show cause notice, the 4th respondent has indicated that the petitioner's salary will be paid after the receipt of the explanation to the show cause notice.
4. The learned counsel for the petitioner further submits that explanation has already been given by the Petitioner. In that view of the matter, the 4th respondent is directed to consider the said explanation and do the needful. Since the petitioner has submitted his explanation to the show cause notice, the 4th respondent shall pay the salary.
5. The Writ Petition is dismissed with the above observation. No costs. Consequently, connected MP is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar nvsri To
1. The Principal Secretary to Government Higher Education Department Fort St.George, Chennai.
2. The Director of Collegiate Education Chennai-6.
3. The Registrar Annamalai University, Chidambaram.
4. The Principal, Muthurangam Govt.Arts College, Vellore.
+1cc to Mr.N.Suresh, Advocate, S.R.No.84785 +1cc to Mr.R.Munusamy, Advocate, S.R.No.84844 +1cc to the Government Pleader, S.R.No.85090 Writ Petition No.30741 of 2017 CS/13/12/17