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Madras High CourtWP/18917/2021disposed of

J.Rock Feller v. The Chief Educational Officer

2021-09-08Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.18917 of 2021 and W.M.P.Nos.20182 & 20183 of 2021 (Through Video Conferencing) J.Rock Feller

...Petitioner

Vs.

1.The Chief Educational Officer, Villupuram District, Villupuram.

2.The District Educational Officer, Villupuram Educational District, Villupuram.

3.The Headmaster, Government Boys Higher Secondary School, Sithalingamadam - 605 803.

Villupuram District.

...Respondents

Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned order issued by the 3rd respondent in No.NIl dated 11.08.2021 and to quash the same.

For Petitioner :

Mr.G.Sankaran For Respondents :

Mr.L.S.M.Hasan Fizal Government Advocate

O R D E R

The petitioner has challenged the impugned intimation dated 11.08.2021 communicating the decision to recover the incentives increments granted to the petitioner from June 2010. The impugned communication is a mere intimation of the audit objection. Therefore, there cannot be any recovery in terms of the impugned intimation.

2.The 3rd respondent is required to issue a proper notice to the petitioner. The petitioner is therefore required to submit a reply justifying the incentive increments granted to the petitioner. It is only pursuant to the aforesaid exercise, any recovery can be made.

3.In the light of the above, this writ petition is disposed by directing the 3rd respondent to issue a proper notice to the petitioner, and to thereafter pass appropriate orders on merits after considering the representation of the petitioner. It is made clear that no recovery can be made based on the impugned intimation. This writ petition is disposed with the above observations. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar jas To 1.The Chief Educational Officer, Villupuram District, Villupuram.

2.The District Educational Officer, Villupuram Educational District, Villupuram.

3.The Headmaster, Government Boys Higher Secondary School, Sithalingamadam - 605 803.

Villupuram District.

+1cc to Mr.G.Sankaran, Advocate SR.No.46037 +1cc to the Government Pleader SR.No.45910 W.P.No.18917 of 2021 GSM(CO) RVM(12/10/2021)