Madras High CourtWP/18399/2022disposed of

G.Munuswamy v. The Principal Secretary To Government

2022-11-08Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 08.11.2022 Coram:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE ---

1. G.Munusamy

2. K.V.Susheela

3. P.Valliammal .. Petitioners Vs.

1. The Principal Secretary to Government, School Education Department, Chennai-600 009.

2. The Director of Elementary Education, Nungambakkam, Chennai-600 006.

3. The Chief Educational Officer Tiruvallur, Tiruvallur District.

4. The District Educational Officer, Tiruthani, Tiruvallur District PIN: 631 209.

5. The Block Educational Officer, Pallipattu, Tiruvallur District.

6. The Assistant Elementary Education Officer, Pallipattu, Tiruvallur District.

. Respondents 1 / 5

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the second respondent to initiate further action on the proposals of the fourth respondent in Na.Ka.No.880/B5/2018, dated 29.01.2019 for getting order of the first respondent/Government for fund allotment, for disbursement of arrears of pay, encashment of EL and UEL etc. with 18% interest and disburse the same to the petitioner within a limited time frame.

For petitioner : Mr.J.Muthukumaran For respondents: Mr.S.Yashwanth, Addl.G.P.

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus to direct the second respondent to initiate action on the proposal of the fourth respondent, dated 29.01.2019, under which the fourth respondent has recommended the request of the petitioners for disbursing the arrears of pay and encashment of EL and UEL.

2. The petitioners have all retired from service. According to them, they have not been disbursed with the arrears of pay and encashment of EL and UEL, despite their superannuation. Based on the petitioners' representation, dated 08.02.2018, the fourth respondent has recommended the case of the petitioners by proceedings dated 29.01.2019 to the second respondent. However, till date, 2 / 5

no final order has been passed by the second respondent. No prejudice would be caused to the respondents, if a direction is issued to the second respondent to pass final order on the fourth respondent's proposal, dated 29.01.2019.

3. Hence, this Court directs the second respondent to pass final orders on merits and in accordance with law, on the fourth respondent's proposal, with regard to the request made by the petitioners for disbursement of their alleged arrears of pay and encashment of EL and UEL, together with interest, within a period of 12 weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

08.11.2022 Speaking Order: Yes/no cs To 3 / 5