Dr.S.Bavani Uma Devi v. The Project Director/ Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :16.09.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.22390 of 2019 and WMP.No.21727 of 2019 Dr. S. Bavani Uma Devi ..Petitioner vs
1. The Project Director/Member Secretary, TANSACS, Tamilnadu State AIDS Control Society, No.417, Pantheon Salai, Egmore, Chennai- 600 008.
2. The Director of Public Health & Preventive Medicine, 359, Annasalai, D.M.S. Complex, Chennai- 600 006. .. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ, order or direction more particularly in the nature of a writ of mandamus directing the 1st respondent to issue last pay certificate to the 2nd respondent and consequently direct the 2nd respondent to disburse the salary from 28.05.2019 onwards and pass orders. For Petitioner : Mr. M. Murugan For Respondents : Mr. M. Loganathan for R1 Mr. R. S. Selvam, Government Advocate for R2
O R D E R
The petitioner has filed this Writ Petition seeking direction to the 1st respondent to issue last pay certificate to the 2nd respondent and consequently direct the 2nd respondent to disburse my salary from 28.05.2019 onwards and pass orders.
2. The case of the petitioner is that the petitioner was working as Joint Director at Hosur. Thereafter she was transferred to Tamilnadu State AIDS Control Society, Chennai on deputation and subsequent to her transfer, she was not paid the salary.
Therefore she submitted a representation dated https://hcservices.ecourts.gov.in/hcservices/
15.07.2019 for disbursement of the same but so far no action has been taken. Hence the present Writ Petition.
3. The learned counsel for the respondent produced a letter dated 10.09.2019 which reads as follows:
" The salary for the period from 24.07.2018 to 31.01.2019 is claimed and paid to the individual on 10.09.2019.
The remaining period salary also will be claimed and paid to the individual, after filing of I.T. Return for the financial year 2018-2019 by the individual. On disbursement of pay for the entire period she served in TANSACS, the LPC will be issued immediately. Please appraise the fact before the Hon'ble High Court on the date of hearing."
4. In view of the above stand taken by the Tamil Nadu State AIDS Control Society by its letter dated 10.09.2019, I am inclined to issue direction to the first respondent to comply with the letter dated 10.09.2019 within a period of twelve (12) weeks from the date of receipt of copy of this order. With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar mrn To
1. The Project Director/Member Secretary, TANSACS, Tamilnadu State AIDS Control Society, No.417, Pantheon Salai, Egmore, Chennai- 600 008.
2. The Director of Public Health & Preventive Medicine, 359, Annasalai, D.M.S. Complex, Chennai- 600 006.
+1cc to Mr.M.Loganathan, Advocate SR.No.79935 +1cc to Government Pleader SR.No.79689 +1cc to Mr.M.Murugan, Advocate SR.No.79527(05/11/2019) W.P.No.22390 of 2019 and WMP.No.21727 of 2019 SAI(CO) GMY(04/11/2019) https://hcservices.ecourts.gov.in/hcservices/