S.Jayaraman v. The District Educational
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2018
CORAM
THE HONOURABLE MR. JUSTICE M.DURAISWAMY WP.No.13954 of 2010 and M.P.No.1 of 2010 S.Jayaraman .. Petitioner
Versus
1. The District Educational Officer, Tirupathur Educational District, Tirupathur, Vellore District.
2. The Correspondent and Secretary, Kalvi Ullagam Educational Trust, Kilaithanpattarai, Katpadi, Vellore.
3. The Head Master, Kalvi Ullagam Sivanandam High School, Kilaithanpattarai, Katpadi, Vellore District-635 007.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to extend the service of the petitioner as Physical Education Teacher in Kalvi Ullagam Sivanandam High School, Kilaithanpattrai, Katpadi, Vellore District till end of the academic year i.e., 31.5.2011 and grant him all consequential service and monetary benefits.
For Petitioner : Mr.K.Venkatramani Senior Counsel for M/s.M.Muthappan For Respondents: Mr.P.Raja Government Advocate for 1st respondent
ORDER
The petitioner has filed the above writ petition to issue a Writ of Mandamus directing the respondents to extend the service of the petitioner as Physical Education Teacher in Kalvi Ullagam Sivanandam High School, Kilaithanpattarai, Katpadi, Vellore District till the end of the academic year i.e., 31.5.2011 and grant him all consequential service and monetary benefits.
2. Mr.K.Venkatramani, learned Senior Counsel appearing for the petitioner submitted that on 07.7.2010, an interim direction was given to the respondents to re-employ the petitioner in the third respondent school until further orders or until 31.5.2011. The learned Senior Counsel further submitted that pursuant to the said interim direction, the petitioner continued in the service till 31.5.2011 and had retired from service on the said date. The learned Senior Counsel submitted that the relief sought for in the writ petition has become infructuous, however, the petitioner has not been paid salary for the period from July 2010 to 31.5.2011 since the petitioner is entitled to get salary for the period in which he had worked i.e., from July 2010 to 31.5.2011.
3. In view of the above, the respondents 2 and 3 are directed to pay salary to the petitioner for the period from July 2010 to 31.5.2011 within a period of four weeks from the date of receipt of a copy of this order, if not already paid.
4. With these observations, the writ petition is dismissed. No costs. Consequently, M.P.No.1 of 2010 is closed. Sd/- Deputy Registrar // True Copy// Sub Assistant Registrar bbr To
1. The District Educational Officer, Tirupathur Educational District, Tirupathur, Vellore District.
2. The Correspondent and Secretary, Kalvi Ullagam Educational Trust, Kilaithanpattarai, Katpadi, Vellore.
3. The Head Master, Kalvi Ullagam Sivanandam High School, Kilaithanpattarai, Katpadi, Vellore District-635 007.
+1cc to Mr.M.Muthappa, Advocate SR.No.64525 +1cc to Government Pleader SR.No.64999 WP.No.13954 of 2010 RMP(27/09/2018)