D.Stellabai v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH D.Stellabai ... Petitioner Vs.
1. The State of Tamil Nadu, Rep. By its Principal Secretary to Government, Adi Dravidar and Tribal Welfare Department, Fort St. George, Secretariat, Chennai 600 009.
2. The Director, Adi Dravidar Welfare Department, Chepauk, Chennai 600 005.
3. The District Adi Dravidar Welfare Officer, Mayiladuthurai District, Mayiladuthurai.
4. The Principal Accountant General (Tamil Nadu), O/o.the Principal Accountant General, AG's Office Complex, 361, Annasalai, Teynampet, Chennai 600 018 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to pay salary and other service benefits to the petitioner in the Post of B.T. Matron in the cadre of B.T.Assistant From 01.04.2020 to 21.08.2021 1/6
with all consequential and other attendant service benefits including payment of applicable interest for delay in payment as well as for delay in payment of retirement benefits, in consideration of representation submitted by the petitioner dated 15.05.2023, within a time frame to be fixed by this Court.
For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.V.P.R.Elamparithi Additional Government Pleader *****
O R D E R
This writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representation made by the petitioner on 15.05.2023 wherein the petitioner has sought for payment of salary and other service benefits from 01.04.2020 to 21.08.2021, when the petitioner was holding the post of B.T Matron. 2.
Heard Mr.S.Nedunchezhiyan, learned counsel for the petitioner and Mr.Mr.V.P.R.Elamparithi, learned Additional Government Pleader for respondents.
3.
The case of the petitioner is that she was initially 2/6
appointed as a Secondary Grade Teacher in the year 1987. Thereafter, she was promoted as Primary School Head Master in the year 2006. The petitioner was further promoted as B.T.Matron in the cadre of B.T.Assistant in the Government Adidravidar Girls Hostel, Vaitheeswarankoil, Sirkzahi Taluk. The petitioner reached the age of superannuation on 31.03.2020.
4.
The grievance of the petitioner is that the 3rd respondent issued orders dated 25.08.2021 allowing the petitioner to retire from service on 31.03.2020. The petitioner was issued with the order of retirement only on 25.08.2021 and was paid the retirement benefits. According to the petitioner, the petitioner was not paid the service benefits from 01.04.2010 to 21.08.2021. Hence, the petitioner made a representation in this regard on 15.05.2023. Since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate directions.
5.
Taking into consideration the facts and circumstances of the case and the materials placed before this Court, tere shall be a direction to the 3rd respondent to deal with the representation made by the 3/6
petitioner on 15.05.2023 on its own merits and in accordance with law and take a decision within a period of six weeks from the date of receipt of a copy of this order.
6.
The petitioner is directed to make a fresh representation to the 3rd respondent along with all relevant documents and also a copy of this order.
7.
This writ petition is disposed of with the above directions. No costs.
30.09.2024 Index: yes/no Speaking Order/Non-Speaking Order rka To
1. The State of Tamil Nadu, 4/6
Rep. By its Principal Secretary to Government, Adi Dravidar and Tribal Welfare Department, Fort St. George, Secretariat, Chennai 600 009.
2. The Director, Adi Dravidar Welfare Department, Chepauk, Chennai 600 005.
3. The District Adi Dravidar Welfare Officer, Mayiladuthurai District, Mayiladuthurai.
4. The Principal Accountant General (Tamil Nadu), O/o.the Principal Accountant General, AG's Office Complex, 361, Annasalai, Teynampet, Chennai 600 018 N.ANAND VENKATESH.,J rka 5/6
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