Sr. Arockia Selvi v. State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2019
CORAM
THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.P.No.26669 of 2018 and W.M.P.No.31039 of 2018 Sr.Arockia Selvi ..petitioner Vs
1. State of Tamil Nadu, Rep by its Secretary, School Education Department, Fort St.George, Chennai - 600 009.
2. The District Elementary Educational Officer, District Elementary Educational Office, Tiruppur.
3. The Correspondent, St.Xavier's Primary School, Puckulipalayam, Mangalam Post, Tiruppur District - 641 663.
..Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant salary to the petitioner for her services in the third respondent School as Secondary Grade Teacher as she was receiving from 29.03.2016 to 31.01.2018.
For Petitioner : Mr.J.Antony Jesus For Respondents : Mr.A.Rajaperumal Addl Govt. Pleader for R1 & R2 M/s.H.Mary Sowmi Rexi for M/s.Isaac Chambers for R3
O R D E R
The relief sought for in the present writ petition is for a direction to direct the respondents to grant salary to the writ petitioner for her services in the 3rd respondent School as Secondary Grade Teacher as she was receiving from 29.03.2016 to 31.01.2018.
2. The grievances of the writ petitioner is that though she is serving, in the post of Secondary Grade Teacher, intermittently, the salary due to her has not been paid. Thus, the writ petitioner is constrained to move the present writ petition.
3. The counter affidavit filed by the District Educational Officer, Thiruppur on 04.01.2019, states that the petitioner has made a representation on 03.04.2018, regarding the non-payment of salary for the period from February 2018. Consequently, action was taken by the 2nd respondent District Educational Officer and instructions were issued to send the pay bill for the above period for approval to the concerned Block Educational Officer. Consequently, the salary for the period up to August 2018 was paid on 10.09.2018.
4. The learned counsel for the writ petitioner states that there is some delay on the part of the 3rd respondent in sending the proposal and making certain entries properly.
5. In view of the above, the 3rd respondent is directed to send the pay bill proposals without any delay and on receipt of the same, the authorities competent should also ensure that the monthly salary is being paid without any undue delay. If at all any entries are to be made, the authorities competent are bound to do the same without any delay, enabling the writ petitioner to get her salary, regularly every month.
6. With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kmm/ssb
To
1. State of Tamil Nadu, Rep by its Secretary, School Education Department, Fort St.George, Chennai - 600 009.
2. The District Elementary Educational Officer, District Elementary Educational Office, Tiruppur.
3. The Correspondent, St.Xavier's Primary School, Puckulipalayam, Mangalam Post, Tiruppur District - 641 663.
+1cc to M/s.Isaac Chambers, Advocate, S.R.No.28400 +1cc to Mr.J.Antony Jesus, Advocate, S.R.No.28522 +1cc to the Government Pleader, S.R.No.29115 W.P.No.26669 of 2018 and W.M.P.No.31039 of 2018 KAN(CO) CS/27/04/2019