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Madras High CourtWP/35422/2024disposed of

P.Rajarathinam v. The Director

2025-08-28Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and WMP.No.38303 of 2024 1.P.Rajarathinam 2.S.Arul Savari 3.A.Ratchagar 4.David Jayaseelan 5.A. Ambrose ... Petitioners Vs.

1.The Director Perunthalaivar Kamarajar Centenary Educational Complex, 100 Feet Road, Anna Nagar, Puducherry 605 005 2.The Principal Fatima Government, Aided Boys Higher School, Karuvadikuppam, Puducherry 605 008 3.The Senior Accounts Officer 1/6

Perunthalaivar Kamarajar Centenary Educational Complex, 100 Feet Road, Anna Nagar, Puducherry 605 005.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, Call for the records of the first respondent with No 2197 / DSE / GIAS / UI / 2024 dated 15.05.2024 and to quash the same and consequently to direct the first respondent to release the salary of the petitioners from December 2023 onwards forthwith.

For Petitioner :M/s.M.V.Ajayakumar For Respondents :M/s.Syed Mustafa, Spl.GP for R.1 & R.3.

: R2 - served - no appearance.

O R D E R

The writ petitioner is filed for the following reliefs:- "Call for the records of the first respondent with No 2197 / DSE / GIAS / UI / 2024 dated 15.05.2024 and to quash the same and consequently to direct the first 2/6

respondent to release the salary of the petitioners from December 2023 onwards forthwith.."

2. The petitioners are working as teachers in the Fatima Government Aided Boy's School, Karuvadikuppam, Puducherry. The petitioners would submit that they are employees admitted under Grant-in-Aid Scheme and they are entitled to get their salary regularly every month as in the case of other School staff.

3. The petitioners would submit that the Government of Puducherry has admitted 13 posts of teachers and some non-teaching staff at Fatima Govt. Aided Boys' High School, Karuvadikuppam, Puducherry, under the Grant-in-Aid Scheme and they have been getting their salaries regularly without any delay or complaint till November 2023. Thereafter, the 1st respondent had stopped the salaries of the petitioners and other teachers who were admitted under the Grant in Aid Scheme from December 2023.

4. While so, on 30.09.2024 the 1st respondent had passed the 3/6

impugned order stating that the Fatima Govt. Aided Boys' High School, Karuvadikuppam, Puducherry has not paid its share of 5% towards the pension of the retired employees and hence, the salaries of the currently working teachers are withheld.

5. The petitioners would submit that the withholding of the salary without notice to them from December 2023 to date is arbitrary and violates the right to life of the petitioners and their family members. Hence, the Writ Petition.

6. Heard the counsels on either side and perused the records.

7. Though the Writ Petition is filed for the relief extracted supra, however, taking note of the paragraph no.2 of the impugned order wherein the respondents have clearly stated that on the remittance of the 5% share towards pension/salary by the management, they are ready to release the grant in aid towards salary/pension for the financial year 2023-2024, the Writ Petition is disposed of directing the management to remit 5% of their share towards pension/salary to the 4/6

respondents within a period of 3 weeks from the date of receipt of a copy of this order and thereafter within a period of 2 weeks therefrom the pending salary amounts of the petitioners will be released by the respondents. No costs. Consequently, the connected Miscellaneous Petition is closed.

28.08.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Director Perunthalaivar Kamarajar Centenary Educational Complex, 100 Feet Road, Anna Nagar, Puducherry 605 005 2.The Principal Fatima Government, Aided Boys Higher School, Karuvadikuppam, Puducherry 605 008 3.The Senior Accounts Officer Perunthalaivar Kamarajar Centenary Educational Complex, 100 Feet Road, Anna Nagar, Puducherry 605 005.

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P.T. ASHA . J., (shr) and WMP.No.38303 of 2024 28.08.2025 (2/2) 6/6