Madras High CourtWP/24031/2015disposed of

K.Kasirajan v. The Director,

2015-08-06Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 06.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.24031/2015 K.Kasirajan

...Petitioner

Versus

1. The Director Adi Dravidar Welfare Department Chennai-5.

2. The District Welfare Officer Adi Dravidar and Tribal Welfare Department Villupuram.

3. The District Welfare Officer Adi-Dravidar and Tribal Welfare Department Namakkal District.

4. The Head Master Government Tribal Residential School Gomuki Dam, Chinna Salem, Villupuram.

5. The Head Master Government Tribal Residential School Vazhavandinadu, Namakkal.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 4th and 5th respondents herein to pay the arrears of salary from January 2015 and salary due to the petitioner within a time frame to be fixed by this Court.

For Petitioner :

Mr.P.Arumuga Rajan For Respondents :

Mr.V.Subbiah, Spl.GP

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner, while working as P.G.Assistant in Physics in Government Tribal Residential School a Gomuki Dam, Villupuram District, was transferred to Vazhavandinadu in Namakkal District and it was put to challenge by filing WP.No.3814/2015. When the said writ petition came up for hearing on 23.02.2015, this Court, taking into consideration the difficulties narrated by the petitioner, directed the learned Additional Government Pleader to get instructions as to whether it would be possible to retain the petitioner in the present place of posting till 31.05.2015. The learned Additional Government Pleader, on instructions, made submissions that the petitioner can continue in the said place subject to the condition that he would join the transferred place on 01.06.2015.

Taking note of the same, this Court passed an order keeping the impugned order of transfer in abeyance till 31.05.2015 with a consequential direction to the petitioner to join the transferred place on or before 01.06.2015 and also made it was made clear that the said order was passed by consent and the petitioner should join at the transferred place as undertaken by him. The petitioner has joined the transferred post on 01.06.2015 and however, he is yet to be disbursed with the salary. In this regard, the petitioner has submitted a representation dated 07.05.205 to the 1st respondent followed by a reminder dated 31.05.2015 and since no orders have been passed, he came forward to file this writ petition.

3.Heard the learned counsel for the petitioner and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4.Though the petitioner has prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, directs the 1st respondent to consider and dispose of the petitioner's representations dated 07.05.2015 and 31.05.2015 on merits and in accordance with law and pass orders within a period of three weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar AP To