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Madras High CourtWP/25565/2015disposed of

C.Tamilselvi, v. The Assistant Elementary

2015-08-18Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25565 of 2015 And M.P.No.1 of 2015 C.Tamilselvi

...Petitioner

Vs.

1 The Assistant Elementary Educational Officer Office of the Asst. Elementary Education Officer Panamaarathupatti Union Salem District.

2 The Headmaster Panchayat Union Middle School Thippampatty Salem District.

...Respondents

Prayer Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to disburse the petitioner's salary deducted for the month of February 2015 amounting to Rs.34,650/- the excess amount of Rs.1000/- deducted in the month of November, 2014 and Rs.1077/- deducted from the salary for the month of March, 2015 and the D.A. amount of Rs.958/- and release the aforesaid amounts to the Petitioner. For Petitioner :

Mr.K.Nagarajan For Respondents :

Mr.V.Subbiah Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner would state that she is working as Maths Teacher in Panchayat Union Middle School, Panammarathupatty Union, Thippampatty, Salem District and from and out of her salary, a sum of Rs.1000/- was deducted per month and credited to the Recurring Deposit No.0282859026 under scheme No.1100255 in the Post Office Savings Bank Scheme and another one in No.907797 at Panamarathupatty Post Office. The installments have already been paid and however one more installment was recovered from the salary for the month of November, 2014 by mistake. The petitioner in this regard, has submitted a representation dated 09.02.

2015 to refund/ repay the excess amount recovered from her salary and her further grievance is that for the month of February, 2015 also her salary is yet to be disbursed and in this regard also she has submitted representations dated 09.07.2015 and 13.04.2015 to the first respondent and since no orders have been passed, came forward to file this writ petition. 3.Heard the submissions of Mr.K.Nagarajan, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents. 4.Though the petitioner prayed for a larger relief, this Court in the light of the facts and circumstances and without going into the merits of the same, directs the second respondent to consider and dispose of the petitioner's representations dated 09.02.2015 and 09.07.

2015 on merits and in accordance with law and pass orders within a period of eight 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. Consequently, the connected miscellaneous petition is also closed.

To 1 The Assistant Elementary Educational Officer Office of the Asst. Elementary Education Officer Panamaarathupatti Union Salem District.

2 The Headmaster Panchayat Union Middle School Thippampatty Salem District.

1 CC to Mr.K.Nagarajan, Advocate SR.No. 43315 1 CC to the Government Pleader, SR.No. 43849 W.P.No.25565 of 2015 And M.P.No.1 of 2015 GJ (CO) PSI (09.09.2015)