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Madras High CourtWP/32828/2024disposed of

E.Dhanam v. The District Collector

2024-11-06Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN E. Dhanam

...Petitioner

Vs

1. The District Collector Chengalpet District.

2. The Chief Educational Officer, Chengalpet District.

3. The District Educational Officer, Madurantakam.

4. The Block Development Officer, Latthur Union, Pavunjur.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to disburse arrears of salary of Rs.1,15,000/- to the petitioner and pass orders. For Petitioner : Mr.Durai Gunasekaran For Respondent-1 : Mr.Abishek Murthy, Government Advocate For Respondents 2 to 4 : Mrs. S. Mythreye Chandru Special Government Pleader 1/5

ORDER

This Writ Petition has been filed to issue a Writ of Mandamus directing the Respondents to disburse arrears of salary of Rs.1,15,000/- to the petitioner and pass orders.

2. Mr.Abishek Murthy, Government Advocate takes notice for the first respondent. Mrs. S. Mythreye Chandru, Special Government Pleader takes notice for the second,third and fourth Respondents. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is temporarily appointed for the post of Sweeper on 15.07.2016 in the Government Higher Secondary School, Koovathur Village, Cheyyur Taluk, Chengalpet District. Thereafter, he was continuously working for the past 8 years. The grievance of the petitioner is that she has not paid the salary regularly and there was some default on the part of the School Management in disbursing the salary to the petitioner. Due to which the 2/5

petitioner made a representation to the respondent on 21.10.2023, in response to the same, the second respondent by his communication in O.Mu.No.0196/A1/2024 dated 19.01.2024 instructed the 3rd respondent to pay the arrears of salary. Inspite of the same no action was taken by the 3rd respondent to disburse the salary. Hence, the petitioner made a representation on 06.06.2024 seeking to disburse her accumulated salary and to regularize the services. However, there was no response till date. Hence this petition.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the first respondent to disburse the arrears of salary due to the petitioner and pass orders.

5. The learned Government Advocate and the learned Special Government Pleader appearing for the respondents submitted that they will consider the case of the petitioner and pass orders in the manner known to law.

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6.Considering the facts and circumstances of the case, this Court without expressing any opinion on the merits of the case, directs the second and third respondents to consider the petitioner's representation dated 06.06.2024 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.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

06.11.2024 Index:Yes/No Speaking order/Non-speaking order smn To

1. The District Collector Chengalpet District.

2. The Chief Educational Officer, Chengalpet District.

3. The District Educational Officer, Madurantakam.

4. The Block Development Officer, Latthur Union, Pavunjur.

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V.BHAVANI SUBBAROYAN,J.

smn 06.11.2024 5/5