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Madras High CourtWP/19250/2016disposed of

V.Sekar, v. The Inspector Of School

2023-04-27Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2023

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN V.Sekar ... Petitioner Vs.

1. The Inspector of School Education for Metric, Erode, Erode District.

2. The Chief Educational Officer, Thiruppur, Thiruppur District,

3. The Correspondent, Nikitha Metric Hr. Sec. School, Thekkalur, Avinasi, Thirupur District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to release the salary on the basis of the proceedings of the 1st respondent dated 23.09.2015 within a stipulated period fixed this Court. 1/6

For Petitioner : Mr.D.Anbarasu For R1 & R2 : Mr.M.Shahjagan Special Government Pleader For R3 : Mr.M.R.Dharanichander

ORDER

This Writ Petition has been filed seeking a direction to the 3rd respondent to release the salary on the basis of the proceedings of the 1st respondent dated 23.09.2015.

2. According to the petitioner, the 3rd respondent herein called for the post of Economic Teacher in their school. At the time of interview, the petitioner informed that his original certificate was handed over for his P.hd course concern and he is having only the Xerox copy of the Education Certificate. Then, the 3rd respondent also accepted the same and appointed him as a Economic Teacher for the 11th standard of their school. In addition to that, he was worked as a Warder of the 10th Std. In the meanwhile, the salary was fixed for a sum of Rs.25,000/- for his work concerned. On 13.07.2015, he was called by the 3rd respondent. The 3rd respondent strictly informed him to produce the original Education 2/6

Certificate to the school concern. Then, he instructed the 3rd respondent to pay salary for the days he worked in the 3rd respondent school. But, the 3rd respondent did not pay the salary. Hence, he made a complaint to the 2nd respondent with regard to pay the arrears of salary. The said complaint was forwarded to the 1st respondent. Then, the 1st respondent enquired his complaint and instructed the 3rd respondent to pay the arrears of salary to him. The 3rd respondent also informed the 1st respondent that they ready to pay the salary to him. The 1st respondent, by his proceedings dated 23.09.2015, made a communication to him to contact the 3rd respondent for receiving his arrears of salary and he also approached the 3rd respondent. But till now, they have not paid the arrears of salary. Hence, he filed the above Writ Petition invoking Article 226 of the Constitution of India.

3. The Learned Special Government Pleader appearing for the respondents 1 and 2 would submit that the petitioner will be paid the arrears of salary as per the proceedings of the 1st respondent dated 23.09.2015.

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4. In view of the submission made by the Learned Special Government Pleader appearing for the respondents 1 and 2, this Court is inclined to direct the 3rd respondent to release the arrears of salary of the petitioner within a period of six weeks from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition is disposed of with the above direction. No costs.

27.04.2023 raja Index : yes/no Internet : yes/no Speaking Order/Non-Speaking Order To

1. The Inspector of School Education for Metric, Erode, Erode District.

2. The Chief Educational Officer, Thiruppur, Thiruppur District, 4/6

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V.BHAVANI SUBBAROYAN.J., raja 27.04.2023 6/6