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Madras High CourtWP/15521/2021disposed of

P.Alagiammal v. The Chief Educational Officer,

2021-07-28Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR WP.No.15521/2021 [Video Conferencing] P.Alagiammal ..Petitioner Vs.

1. The Chief Educational Officer Dharmapuri.

2. The District Educational Officer Harur, Dharmapuri District.

3. The Block Educational Officer Harur, Dharmapuri District.

..Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the respondents to pay the arrears of subsistence allowance and to pay the monthly salary of June 2021 pursuant to the representation dated 12.05.2021 within the time frame.

For Petitioner :

Mr.J.Pradeep For RR 1 & 2 :

Mr.C.Kathiravan Government Advocate

ORDER

1.

By consent, the writ petition is taken up for final disposal and disposed of by this order.

2.

Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of the respondents.

3.

The petitioner had filed the present writ petition seeking for a mandamus to direct the respondents to pay the arrears of subsistence allowance and to pay the monthly salary of June 2021 pursuant to the representation dated 12.05.2021

within the time frame.

4.

The case of the petitioner is that she was placed under suspension and thereafter, she was reinstated into service pursuant to the direction of this Court dated 24.02.2021 made in WP.No.4104/2021. The petitioner, thereafter, submitted a representation on 12.05.2021 seeking for settlement of the arrears of subsistence allowance and the salary and since no action was taken by the respondents on the said representation, the petitioner is constrained to approach this Court by filing the present writ petition. 5.

The learned Government Advocate appearing for the respondents, on instructions, would submit that the entire arrears of subsistence allowance had been paid except for one month.

6.

However, the learned counsel for the petitioner would submit that the arrears of subsistence allowance had been paid till December 2020 and from January 2021 onwards it has not been paid and as regards monthly salary is concerned, the respondents are yet to pay from the month of June 2021.

7.

This Court heard the rival submissions and also perused the materials placed.

8.

This Court, considering the limited scope of prayer sought for by the petitioners and without expressing any opinion on the merits of the petitioner's representation or the case projected by her in this writ petition, directs the respondents to consider and dispose of the petitioners' representation dated 12.05.2021 on merits and in accordance with law and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners herein. 9.

The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar AP

To

1. The Chief Educational Officer Dharmapuri.

2. The District Educational Officer Harur, Dharmapuri District.

3. The Block Educational Officer Harur, Dharmapuri District.

+1cc to the Government Pleader, S.R.No.36935 WP.No.15521/2021 VSN-II(CO) RGA(23/08/2021)