M.Santhi v. The District Educational Officer (Elementary)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.19383 of 2025 M.Santhi, D/o.Murugesan, Secondary Grade Teacher, Panchayat Union Middle School, Gangavalli, Salem District - 636 105.
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Petitioner versus 1.The District Educational Officer (Elementary), Salem District, Salem.
2.The Block Educational Officer, Gangavalli Block, Salem District - 636 105.
3.The Secretary, S.A.51, Gangavalli Panchayat Union Employees and Teachers Cooperative Thrift and Credit Society Ltd., Gangavalli Post, Salem District - 636 105.
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4.R.Ramesh, S/o.Aranganathan, Secondary Grade Teacher, Panchayat Union Primary School, Aanaiyampattipudhur, Gangavalli Taluk, Salem District.
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Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 24.03.2025 for recovery of loan amount availed by the 4th respondent in Loan A/c. No.2653/MT from the accumulation of CPS amount payable to the 4th respondent as per the CPS Annual Account Statement 2022-2023 for R.Ramesh - CPS No.711917, for settlement of loan amount on behalf of 3rd respondent and to refund the amount already deducted from the salary from October 2023 onwards to the petitioner.
For Petitioner :
Mr.J.Jayamalam For Respondents :
M/s.S.Mythreye Chandran Special Government Pleader (Education) for R1 & R2
O R D E R
By consent of both sides, this writ petition is disposed of at the stage of admission itself.
2.
The instant writ petition has been filed to consider the representation of the petitioner dated 24.03.2025. 2/6
3.
It is the case of the petitioner that she stood as a guarantor for one Mr.R.Ramesh, who did not repay the loan. In view of the same, the third respondent society is deducting the amount from the salary of the petitioner. 4.
It is the submission of the petitioner that a sum of Rs.10,00,000/- [Rupees Ten Lakhs only] is available in the CPS account of the principal borrower, Mr.R.Ramesh. Therefore, she prayed the respondents to adjust the said amount in lieu of the loan. 5.
However, the learned Special Government Pleader (Education) appearing for the respondents 1 and 2 would strongly object that this is a case of civil nature and therefore, the only remedy available to the petitioner is to approach the civil court.
6.
Notwithstanding the said factum, admittedly the representation of the petitioner is yet to be considered. Therefore, without going into the merits of the matter, this Court deem it appropriate to direct the respondents to consider the representation of the petitioner dated 24.03.2025 within a 3/6
period of six (6) weeks from the date of receipt of a copy of this order according to its own merits and in accordance with law. 7.
With the above observation, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 04.06.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 4/6
To 1.The District Educational Officer (Elementary), Salem District, Salem.
2.The Block Educational Officer, Gangavalli Block, Salem District - 636 105.
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C.KUMARAPPAN , J.
sri and W.M.P.No.19383 of 2025 04.06.2025 6/6