Madras High CourtWP/35274/2015disposed of

K.Raju, v. The Chief Educational Officer

2015-11-03Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.35274 of 2015 K.Raju .. Petitioner vs.

The Chief Educational Officer, Namakkal District, Namakkal.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to process and pay salary for the period from 01.12.2011 till 07.06.2012 and from 23.07.2012 till 29.06.2014 to the petitioner by considering the petitioner's representation dated 29.09.2015 within a reasonable period to be fixed by this court.

For petitioner : Mr.R.Neelakandan For respondent : Mr.S.Gunasekaran, Government Advocate

ORDER

By consent, the Writ Petition is taken up for final disposal.

2. This Writ Petition has been filed seeking for a Writ of Mandamus directing the respondent to process and pay salary for the period from 01.12.2011 till 07.06.2012 and from 23.07.2012 till 29.06.2014 to the petitioner by considering the petitioner's representation dated 29.09.2015. 3 According to the petitioner, he was working as a Drawing Teacher in the Government Higher Secondary School at Aththanur in Namakkal District and he had taken medical leave from 10.12.2011 to 20.12.2011. He sought permission from the Headmaster of the School to join duty, but the Headmaster refused to allow him to join duty stating that his application for medical leave was not received and asked him to get permission from the Chief Educational Officer, Namakkkal. Thereafter, he joined the duty on 8.6.2012 and for no fault of him, salary for the relevant period was not paid. So, he gave a representation dated 29.9.2015, which was not considered so far. Hence the Writ Petition.

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4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

5. This Court, considering the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the respondent to consider the representation of the petitioner dated 29.9.2015 and pass orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar asvm To The Chief Educational Officer, Namakkal District, Namakkal.

+1 cc to The Government Pleader, sr.60751 W.P.No.35274 of 2015 gr co kra 07.12.2015 https://hcservices.ecourts.gov.in/hcservices/