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Madras High CourtWP/8433/2017disposed of

Mr.A.Sathiaseelan v. The Joint Director

2023-07-24Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.9231, 9232, 9281, 9282 and 6883 of 2017 A.Sathiaseelan ... Petitioner in W.P.8433/2017 A.Alphonse ... Petitioner in W.P.8487/2017 L.Antony Amaldass ... Petitioner in W.P.6379/2017 Vs.

1.The Joint Director, Employment and Training, Guindy, Chennai - 600 032.

2.Palanivel 3.D.Jayakumar ... Respondents in W.Ps.8433 & 6379/2017 1.The Director, Employment and Training, Guindy, Chennai - 600 032.

2.The Joint Director, Employment and Training, Guindy, Chennai - 600 032.

3.Palanivel 4.D.Jayakumar ... Respondents in W.P.8487/2017 1/6

Prayer in W.P.No.8433 of 2017:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to release the maintenance grant fund to the TELC Industrial Training Institution and Rehabilitation Centre, on the basis of the maintenance fund released by the first respondent and direct the third respondent to pay the salary to the petitioner, to the tune of Rs.6,571/- per month and the differential amount as per the 5th pay commission from July, 2015 onwards.

Prayer in W.P.No.8487 of 2017:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to release the maintenance grant fund to the TELC Industrial Training Institution and Rehabilitation Centre on the basis of the maintenance fund released by the second respondent consequently directing the fourth respondent to pay the salary to petitioner and the differential amount as per the 5th pay commission from July, 2015 onwards. Prayer in W.P.No.6379 of 2017:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to release the maintenance grant fund to the TELC Industrial Training Institution and Rehabilitation Centre, on the basis of the maintenance fund released by the second respondent and direct the third respondent to pay the salary to the petitioner, to the tune of Rs.7,500/- per month from April, 2016 onwards.

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For Petitioners : Mrs.M.E.Rani Selvam for M/s.S.Venkatesh in W.P.Nos.8433 & 6379/2017 Mrs.M.E.Rani Selvam for M/s.Vijay Anand in W.P.No.8487/2017 For Respondents : Mr.M.E.Prem Kumar for R1 Government Advocate R2 - Not ready notice R3 - No Appearance in W.P.Nos.8433 & 6379/2017 Mr.M.E.Prem Kumar for R1 and R2 Government Advocate R3 - Not ready notice R4 - No Appearance in W.P.No.8487/2017 C O M M O N O R D E R Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order. 2.The facts of the case is that the petitioners are working under T.E.L.C. Industrial Training Institute and due to the non auditing of the Auditor namely, Palanivel and due to non grant of grant by the Joint Director, Employment and Training, the petitioners were not paid salary and other benefits from July 2015, July 2015 and April, 3/6

2016 onwards respectively. In this regard, the petitioners made representation to the respondents, however, the same have not yet been considered.

3.Hence, the petitioners have filed these writ petitions seeking direction to the the Joint Director, Employment and Training to the release maintenance grant fund to the T.E.L.C. Industrial Training Institution and Rehabilitation Centre and for direction to the TELC Industrial Training Institution to pay salary and other benefits to the petitioners from the said maintenance grant fund. 4.The respondents 1 and 2 in W.P.No.8487 of 2017 have filed counter affidavit stating that maintenance grant for the years 2010 - 2011 and 2011 - 2012 has been sanctioned and the sanction of maintenance grant for the years 2012 - 2013 and 2013 - 2014 will be considered by the respondents once the rectification report on inspection report and audit report received from the T.E.L.C. Industrial Training Institute.

5.In view of the above, Palanivel/ Auditor and D.Jayakumar/ Manager cum Correspondent, T.E.L.C. Industrial Training Institute are 4/6

directed to submit rectification report on inspection report and audit report before the respondents 1 and 2 in W.P.No.8487 of 2017. On receipt of the same, the Director and the Joint Director, Employment and Training, are directed to consider the same and pass appropriate orders as expeditiously as possible.

6.With the above direction, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

24.07.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Director, Employment and Training, Guindy, Chennai - 600 032.

2.The Joint Director, Employment and Training, Guindy, Chennai - 600 032.

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M.DHANDAPANI,J.

pri And W.M.P.Nos.9231, 9232, 9281, 9282 and 6883 of 2017 24.07.2023 6/6