Madras High CourtWP/26674/2018disposed of

S.Mala v. The Director

2018-10-10Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.26674 of 2018 and W.M.P.No.31046 of 2018 S.Mala ... Petitioner Vs 1.The Director, Department of Adi Dravidar & Tribal Welfare, Chepauk, Chennai 600 005.

2.The District Collector, Salem District, Salem.

3.The District Adi Dravidar & Tribal Welfare Officer, Salem District, Salem 636 001.

4.The Headmaster, Government Tribal Residential Primary School, Karumandurai 636 138, Petthanaickenpalayam Taluk, Salem District.

5.The District Treasury Officer, District Treasury Office, Collectorate Campus, Salem District 636 001.

6.The Assistant Treasury Officer Sub Treasury, Attur Taluk, Salem District 636 102.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to make payment of salary to the petitioner in the post of Cook in Government Tribal Residential Primary School, Karumandurai, Petthanaickenpalayam Taluk, Salem District, from

September 2018 and to continue to pay salary every month without any hindrance by considering the representation submitted by the petitioner dated 30.04.2018, within a time frame. For Petitioner : Mr.G.Sankaran For Respondents : Mr.D.Suriya Narayanan, Special Government Pleader

O R D E R

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this writ petition seeking a direction to the respondents to make payment of salary to the petitioner in the post of Cook in Government Tribal Residential Primary School, Karumandurai, Petthanaickenpalayam Taluk, Salem District, from September 2018 and to continue to pay salary every month without any hindrance by considering the representation submitted by the petitioner dated 30.04.2018.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 30.04.2018, to the respondents, claiming the same relief as prayed in this writ petition, but, the said representation is yet to be disposed of by the respondents.

4. Mr.D.Suriya Narayanan, learned Special Government Pleader taking notice for the respondents, submitted that the respondents may be directed to consider the petitioner's representation dated 30.04.2018 and pass orders in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, this Court directs the respondents to consider the petitioner's representation dated 30.04.2018, in the light of the order dated 20.01.2018, passed by the third respondent and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The Director, Department of Adi Dravidar & Tribal Welfare, Chepauk, Chennai 600 005.