Francis Xavier, v. The Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2023 CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Francis Xavier .. Petitioner vs 1.The Union of India Rep. By its Secretary, Ministry of Human Resources and Development, Department of Secondary and Higher Education, Sashtri Bhavan, New Delhi.
2.The Government of Tamil Nadu Rep. By its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.
3.The Director of School Education, Directorate of School Education, College Road, Chennai.
4.The Director, Inclusive Education of the Disabled at Secondary School, Directorate of School Education, College Road, Chennai.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider the representation dated 29.01.2018 submitted by the petitioner within a stipulated time fixed by this Court. 1/5
For Petitioner :
Mr.T.K.S.Gandhi For Respondents :
Mr.S.Ravi Kumar Special Government Pleader
ORDER
Writ petition has been filed in the nature of a mandamus seeking a direction to the respondents to consider the representation dated 29.01.2018 submitted by the petitioner within a stipulated time.
2.
The petitioner had given such representation dated 29.01.2018 claiming arrears of salary to a sum of Rs.1,80,252/- for working as Special Educator during the years 2009 - 2010 and 2010 - 2011 in the Scheme of Integrated Education for the Disabled Children. During that particular period, the Scheme was implemented through Non-Governmental Organisations authorised by the State Government. It had been stated that though the scheme was implemented through Non-Governmental Organizations, they were under the control of the Director of the Inclusive Education of Disabled/ IEDC.
3.
It had been stated that there were allegations that NGO's were swindling the funds provided by the Central and State 2/5
Governments. Therefore in W.P.No.24690 of 2009, which the petitioner had filed, and which came up for consideration before the Division Bench in the nature of a public interest litigation, seeking implementation of the Schemes for disabled children directly by the Government or through the Ministry of Human Resources and Development, directions were given by the Division Bench accordingly.
4.
In the affidavit filed in support of this writ petition, it had been stated that the NGO's did not pay salary for the services rendered by the petitioner between the period 2009 - 2010 and also between 2010 - 2011. It was claimed that a total sum of Rs.1,80,292/- is payable as salary at the rate of Rs.12,878/- for fourteen months. The petitioner had given several representations in this regard and finally frustrated had filed the present writ petition in the nature of a mandamus.
5.
A direction is given to the second respondent to call for remarks from the fourth respondent whether the petitioner had actually rendered services as Special Educator between 2009 - 2010 and also between 2010 - 2011 in Integrated Education for Disabled Children Programme and if he had done so, determine the 3/5
rate for fixation of salary and examine all other records and take a considered decision whether the petitioner is eligible for payment as claimed by the petitioner or for some reason, the petitioner is not entitled for such payment. A decision may be taken by the second respondent within a period of sixteen weeks from the date of receipt of a copy of this order.
6.
Writ petition stands disposed of. No costs.
08.09.2023 Index:Yes/No ssm To 1.The Secretary, Ministry of Human Resources and Development, Department of Secondary and Higher Education, Sashtri Bhavan, New Delhi.
2.The Secretary, Department of School Education, Fort St.George, Chennai - 600 009.
3.The Director of School Education, Directorate of School Education, College Road, Chennai.
4.The Director, Inclusive Education of the Disabled at Secondary School, Directorate of School Education, College Road, Chennai.
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C.V.KARTHIKEYAN,J.
ssm 08.09.2023 5/5