Dr.A.S.Radhakrishnan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Dr.A.S. Radhakrishnan ... Petitioner Vs.

1. The Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

2. The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

...

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to pass appropriate orders on the representation of the petitioner dated 18.08.2022.

For petitioner : Mr.T. Ranganathan For respondents : Mr.C. Sathish Government Advocate

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 1/4

2. Mr.C. Sathish, learned Government Advocate accepts notice for the respondents.

3. This writ petition has been filed for a Mandamus seeking for a direction to the 1st respondent to pass appropriate orders on the petitioner's representation dated 18.08.2022 seeking for payment of interest for the belated payments towards encashment of earned leave and leave on private affairs.

4. The petitioner's grievance is that the respondents have paid the aforementioned amounts belatedly. In such circumstances, he has given a representation on 18.08.2022 seeking for payment of interest for the said belated payments. Since the representation has not been considered, he has filed this writ petition.

5. Heard Mr.T. Ranganathan, learned counsel for the petitioner and Mr.C. Sathish, learned Government Advocate for the respondents.

6. The learned counsel for the petitioner would now submit on instructions that the petitioner is willing to give a fresh representation as requested by the learned Government Advocate appearing for the respondents. No prejudice would be caused to the respondents, if the representation of the petitioner seeking for payment of the interest is considered on merits and in accordance with law, within a time frame to 2/4

be fixed by this Court.

7. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the 1st respondent seeking for payment of interest for the belated payments towards encashment of earned leave and leave on private affairs, within a period of one week from the date of receipt of the representation. On receipt of the same, the 1st respondent shall pass final orders on merits and in accordance with law, within a period of eight weeks, thereafter.

8. With the aforesaid direction, this writ petition is disposed of. No costs.

26.10.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To :

1. The Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

2. The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

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ABDUL QUDDHOSE, J.

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