Balaiya v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.30507 of 2016 Balaiya

...Petitioner

Vs.

1. The District Collector, Nagapattinam.

2. The Block Development Officer, Sirkali.

3. The President, Edakudi Vadapathi Village Panchayat, Edakudi Vadapathi Village, Sirkali Taulk, Nagapattinam District.

...Respondents

Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider the representation of petitioner dated 30.04.2016 and issue suitable direction to third respondent to pay the petitioner his due salary from January 2016 together with other monetary benefits due to him and also permit him to discharge his duties as OHT operator in accordance with law in third respondent Panchayat. For Petitioner :

Mr.S.Sounthar For R1 & R2 :

Mr.R.S.Selvam Government Advocate For R3 :

Mr.J.Pradeep

O R D E R

The relief sought for in this writ petition is to consider the representation submitted by the writ petitioner on 30.04.2016 in respect of the pay due to the writ petitioner with effect from January 2016.

2.Heard Mr.S.Sounthar, learned counsel appearing for the petitioner and Mr.R.S.Selvam, learned Government Advocate appearing for the respondents 1 and 2 and Mr.J.Pradeep, learned counsel appearing for the third respondent.

3.The learned counsel appearing for the writ petitioner submits that the writ petitioner is working as Over Head Tank Operator in the third respondent Panchayat from the year 1983 onwards and his salary dues are not settled till today. In this regard, the writ petitioner submitted his representation to the respondents on 30.04.2016 and the same is yet to be considered. 4.Thus, without going into the merits of the matter, the second respondent is directed to consider the representation submitted by the writ petitioner on 30.04.2016 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 5.Accordingly, the writ petition stands disposed of. However, there is no order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ah

To

1. The District Collector, Nagapattinam.

2. The Block Development Officer, Sirkali.

3. The President, Edakudi Vadapathi Village Panchayat, Edakudi Vadapathi Village, Sirkali Taulk, Nagapattinam District.

+1cc to Mr.S.Sounthar, Advocate, S.R.No. 70377 +1cc to Mr.R.S.Selvam, Advocate, S.R.No. 69659 +1cc to the Government Pleader, S.R.No. 69859 W.P.No.30507 of 2016 PPA (CO) PSI 28/10/2017