P.Illaiyan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA P.Illaiyan ... Petitioner Vs.
1.The District Collector Salem District, Salem- 636 001.
2.The District Adi Dravidar Welfare Officer Salem District, Salem- 636 001.
3The Project Officer Tribal Welfare, Salem District, Salem- 636 001.
4.The Special Tashildar (ADW) Attur, Salem District- 636 138.
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to pass orders for disbursement of salary to the Petitioner in the post of Cook from 01.08.2018, with all consequential and other attendant benefits 1/5
including arrears of salary along with interest by considering the Representations lastly submitted by the Petitioner dated 05.03.2022, within a time frame to be fixed by this Honble court. For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.P.Ananda Kumar, Govt. Advocate for R.1 to R.4.
O R D E R
The Writ Petition has been filed for the following reliefs:- " directing the respondents to pass orders for disbursement of salary to the Petitioner in the post of Cook from 01.08.2018, with all consequential and other attendant benefits including arrears of salary along with interest by considering the Representations lastly submitted by the Petitioner dated 05.03.2022, within a time frame to be fixed by this Honble court."
2. The petitioner was appointed as a Cook in the Adi Dravidar Welfare Department by proceedings of the 2nd respondent dated 01.08.2016. Thereafter, by proceedings dated 23.12.2017, the 4th respondent relieved the petitioner from the post of Cook on administrative grounds and directed him to appear before the 2nd respondent for obtaining posting orders. Challenging the said proceedings, the petitioner had filed 2/5
W.P.No.548 of 2018 and obtained an order of interim stay. Thereafter, the petitioner was reinstated into service by proceedings of the 2nd respondent dated 02.03.2018 and has been working as a Cook since then. However, from 01.08.2018 onwards, the petitioner's salary has been withheld by the respondents without any reason. Therefore, the petitioner submitted several representations, the last of which was dated 05.03.2022, to the respondents seeking payment of salary. As the same did not evoke any response, the petitioner has approached this Court.
3. It is submitted by the learned counsel for the petitioner that, to date, the petitioner continues to work as a Cook, but his salary has not been disbursed from 01.08.2018 onwards. It is further submitted that similarly placed persons have been extended the same benefits as sought by the petitioner. However, despite several representations, the salary has not been paid.
4. Heard the learned counsel on either side and perused the records.
5. Considering the fact that the petitioner is still discharging his duties and also taking note of the fact that similarly placed persons have already been granted similar reliefs, the 2nd respondent shall consider the petitioner's representation dated 05.03.2022 and, after affording him an 3/5
opportunity of personal hearing, pass appropriate orders on merits and in accordance with law within a period of one month from the date of receipt of a copy of this order. It is seen that the representation dated 05.03.2022, though addressed to the 1st respondent, was also marked to the 2nd respondent. The 2nd respondent shall consider the said representation.
6. Accordingly, the Writ Petition stands allowed. No costs. 05.12.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The District Collector Salem District, Salem- 636 001.
2.The District Adi Dravidar Welfare Officer Salem District, Salem- 636 001.
3The Project Officer Tribal Welfare, Salem District, Salem- 636 001.
4.The Special Tashildar (ADW) Attur, Salem District- 636 138.
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P.T. ASHA . J., (shr) 05.12.2025 5/5