M.Mahendran v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.891 of 2025 and W.M.P.No.1062 of 2025 M. Mahendran .. Petitioner

Versus

1.The Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Secretariat,Chennai 600 005.

2. The Commissioner, Adi-Dravidar Welfare Department, Ezlilagam, Chepauk, Chennai 600 005.

3. The Director, Tribal Welfare Department, Ezhilagam, Chepauk, Chennai - 600 005.

4. The Adidravidar and Tribal Welfare Officer, Fingar Post, Kandhal Udhagamandalam, Nilgiris

...Respondents

Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay 1/5

monthly salary of Rs.15,700/- - Rs.50,000/- pay scale to the petitioner from the date of initial appointment i.e 12.12.2020 till date based on the petitioner's representation dated 06.10.2023 and pass orders. For Petitioner : Mr.M. Ramdoss For Respondents : Mr. Stalin Abhimanyu,AGP

ORDER

This writ petition is filed seeking to issue a Writ of Mandamus directing the respondents to pay monthly salary of Rs.15,700/- - Rs.50,000/- pay scale to the petitioner from the date of initial appointment i.e 12.12.2020 till date based on the petitioner's representation dated 06.10.2023 and pass orders.

2. The facts of the case is that the petitioner was appointed as cook on 12.12.2020 in the Government Tribal Welfare Boarding Middle School, Mukkatti, The Nilgiris District vide order dated 07.12.2020 and he is continuously working as such till date. The grievance of the petitioner is that the fourth respondent has not paid salary to the petitioner for the last 47 months, due to which the petitioner has given a 2/5

representation to the respondents on 06.10.2023. However, the same has not been considered till date. Hence, this petition. 3.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.

4.The learned Additional Government Pleader and Standing counsel appearing for the respondents submitted that the representation of the petitioner will be considered on merits and in accordance with law.

5. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondent to consider the petitioner's representation dated 06.10.2023 and pay the eligible amount to the petitioner to which he is entitled and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

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6. With the above observations this writ petition stands disposed of. No order as to costs. Consequently the connected miscellaneous petition is closed.

10.01.2025 1/4 Speaking order : Yes/No Index : Yes/No smn To 1.The Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Secretariat,Chennai 600 005.

2. The Commissioner, Adi-Dravidar Welfare Department, Ezlilagam, Chepauk, Chennai 600 005.

3. The Director, Tribal Welfare Department, Ezhilagam, Chepauk, Chennai - 600 005.

4. The Adidravidar and Tribal Welfare Officer, Fingar Post, Kandhal Udhagamandalam, Nilgiris V.BHAVANI SUBBAROYAN, J.

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smn W.P.No.891 of 2025 and W.M.P.No.1062 of 2025 10.01.2025 1/4 5/5