Mrs.K.Kanagavalli v. The Chief Educational Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.37940 of 2024 Mrs. K. Kanagavalli .. Petitioner
Versus
1. The Chief Educational Officer, Namakkal District, Namakkal.
2. The Chief Educational Officer, Salem District, Salem.
3. The Head Master Government Higher Secondary School, Vellalapatty, Salem District.
4. The Head Master Government Higher Secondary School, Sarkkar Kollapatty, Salem 636 302.
...Respondents
Prayer: This petition is filed under article 226 of the constitution of India to issue a writ of Mandamus directing the respondents to forthwith implement the order of the first respondent dated 10.09.2020 in Na.Ka.No.3102/A2/2011 issued based on the order of this Honourable Court dated 21.02.2020 in W.P.No.35275 of 2015 and consequently direct the respondents to pay the salary to the petitioner for the period 1/5
from 21.09.2011 to 07.07.2014 and pass orders. For Petitioner : Mr.K. Selvaraj For Respondents : Mrs.S. Mythreye Chandru Special Government Pleader
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 petition is filed to issue a writ of Mandamus directing the respondents to forthwith implement the order of the first respondent dated 10.09.2020 in Na.Ka.No.3102/A2/2011 based on the order of this Court dated 21.02.2020 in W.P.No.35275 of 2015 and consequently direct the respondents to pay the salary to the petitioner for the period from 21.09.2011 to 07.07.2014 and pass orders.
3. The case of the petitioner is that she is a Drawing Teacher in the Government Higher Secondary School, Paramathi in Namakkal. It is pertinent to note that during the year 2011 the petitioner has taken leave and transfer order was issued during that period. Challenging the same 2/5
the petitioner filed W.P.No.24759 of 2015. The sum and substance of the case is that due to the issue with regard to transfer the petitioner was absent for the period from 21.09.2011 to 07.07.2014 and to regularize the said leave she has approached the first respondent who inturn passed an order 21.09.2020 in Na.Ka.No.3102/A2/2011 to consider the request of the petitioner and pay salary for the period from 21.09.2011 to 07.07.2014. Pursuant to which the 3rd respondent has sought clarification from the first respondent. However, salary was not paid to the petitioner. Hence, the petitioner has made a representation on 29.09.2020 and the same is pending till date.
4. The learned counsel for the petitioner submitted that inspite of the orders passed by this Court the respondents have not paid salary till date. Hence, prays to allow this petition.
5. The learned 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 3/5
limited relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the representation of the petitioner and pass orders within a period of twelve 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.
18.12.2024 Speaking order : Yes/No Index : Yes/No smn To
1. The Chief Educational Officer, Namakkal District, Namakkal.
2. The Chief Educational Officer, Salem District, Salem.
3. The Head Master Government Higher Secondary School, Vellalapatty, Salem District.
4. The Head Master Government Higher Secondary School, Sarkkar Kollapatty, Salem 636 302.
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V.BHAVANI SUBBAROYAN, J.
smn W.P.No.37940 of 2024 18.12.2024 5/5