St.Marys Government Aided v. Union Territory Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2024

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.No.8886 of 2021 and W.M.P.No.9419 of 2021 St. Marry's Government Aided Boys High School, Rep by its Headmaster Fr.C.Antoni Raj, Karaikal, Puducherry 609 602.

...

Petitioner Vs.

1.The Union Territory of Puducherry Rep by The Chief Secretary to Government, Chief Secretariat, Puducherry 605 001.

2.The Secretary to Government (School Education) cum (Finance), Chief Secretariat, Puducherry.

3.The Director of School Education, Puducherry.

4.The Senior Accounts Officer,

5.Drawing and Disbursing Officer, ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents (i) to release staff grant under head of Maintenance grant towards sanctioned and approved teaching and non-teaching staff working in the petitioner's school with arrears from December 2019 till date under Section 15 and 24 of the Pondicherry School Education Act, 1987 r/w Rule 32(2) and (3) of the Pondicherry School Education Rules, 1996 based on the Application (FORM-X) submitted by the petitioner for receiving Grant-in-Aid and also direct the respondents to pay reasonable interest for delayed payment of salary by strictly following Judgment dated 08.02.2021 passed by the Hon'ble Apex Court in the State of Andhra Pradesh & others Vs. Smt.

Dinavahi Lakshmi Kameswari (Civil Appeal No.399/2021) (ii) to release the amount sum of Rs.2,16,925/- (Rupees Two Lakhs Sixteen Thousand Nine Hundred and Twenty Five only) illegally withheld by them towards presumptive income while releasing 50% of Staff Grant in pursuant to Order vide G.O.Rt.No.50 dated 11.11.2020 issued by the Under Secretary to Government (School Education), Government of Puducherry and (iii) also direct the respondents to reimburse the Tuition Fee collected from the petitioner after the Puducherry School Education (Amendment) Rules, 2014 came into force.

For Petitioner : No representation For Respondents : Mr.Rahul Kumar for Mr.R.Syed Mustafa, Spl.G.P

O R D E R

When the matter was listed on 05.09.2024, there was no representation on behalf of the petitioner. Hence, the case was directed to be listed on 10.09.2024, under the caption "for dismissal". Inspite of the same, even today, when the matter was taken up for hearing, there was no representation on behalf of the petitioner. Therefore, this Writ Petition is dismissed for default. No costs. Consequently, connected Miscellaneous Petition is closed. 10.09.2024 vkr Index : Yes / No Speaking order / Non-speaking order To 1.The Union Territory of Puducherry Rep by The Chief Secretary to Government, Chief Secretariat, Puducherry 605 001.

2.The Secretary to Government (School Education) cum (Finance), Chief Secretariat, Puducherry.

3.The Director of School Education, Puducherry.

4.The Senior Accounts Officer, 5.Drawing and Disbursing Officer,

VIVEK KUMAR SINGH, J.

vkr W.P.No.8886 of 2021 and W.M.P.No.9419 of 2021 10.09.2024