The Secretary v. The District Elementary Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.36052 of 2024 The Secretary Avvai Middle School, No.59, Bharathi Illam, VOC Street, Kasthuribai Nagar, West Tambaram, Chennai 600 045 .. Petitioner

Versus

1.The District Elementary Educational Officer, District Educational Office, Room No.403, 4th Floor, New Collector Office, Vembakkam, Chengalpet- 603 111.

2. The Block Elementary Educational Officer III, St. Thomas Mount Panchayat, No.20, Chitlapakkam, Chennai 600 064.

3. A.Periyanayagi.

... Respondents 1/5

Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 23.10.2024 and take action within a time limit to be fixed by this Hon'ble Court and pass orders.

For Petitioner : Mr.B. Arvind Srevtsa For Respondents : Mrs.S. Mythreye Chandru, SPG

ORDER

By consent of learned counsel on either side, this writ petition is taken up for final disposal at the stage of admission itself.

2. This writ petition is filed seeking for a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 23.10.2024.

3. The facts of the case is that the petitioner/The Secretary, Avvai Middle School, re-instated the 3rd respondent into service as per the orders passed by this Court in W.P.No.26692 of 2024 dated 20.09.2024. The sum and substance of the case is that after re-instating the 3rd 2/5

respondent into service the petitioner sent a letter to the first and second respondents on 23.10.2024 to pay arrears of salary from 03.01.2022 to 07.10.2024 as per the orders of this Court dated 03.01.2022 in W.P.No.26692 of 2024. However, the said direction was not complied by the first and second respondents. Aggrieved over the same the petitioner has come up with this petition.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider petitioner's representation dated 23.10.2024 and pass orders.

5. The learned Government Special Government Pleader appearing for the respondents submitted that they will consider the case of the petitioner and pass orders on merits and in accordance with law.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, directs the first and second respondents to consider the petitioner's representation dated 23.10.2024 and pass orders on merits and in accordance with law within a 3/5

period of sixteen weeks from the date of receipt of a copy of this order.

7. With the above observations this writ petition stands disposed of. No order as to costs.

28.11.2024 Speaking order : Yes/No Index : Yes/No smn To 1.The District Elementary Educational Officer, District Education Office, Room No.403, 4th Floor, New Collector Office, Vembakkam, Chengalpet- 603 111.

2. The Block Elementary Educational Officer III, St. Thomas Mount Panchayat, No.20, Chitlapakkam, Chennai 600 064.

V.BHAVANI SUBBAROYAN, J.

4/5

smn W.P.No.36052 of 2024 28.11.2024 5/5