Packiaseeli Vijayakumari.N v. The Joint Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Packia Seeli Vijayakumari ... Petitioner Vs.
1.The Joint Director, State Council of Educational Research and Training (SCERT), DPI Complex, College Road, Nungambakkam, Chennai-06.
2.The Principal, District Institute of Educational and Training (DIET), Munanjipatti, Tirunelveli-627 355.
3.The Correspondent, Ooliyasthanam Teacher Training Institute, Palayapettai, Tirunelveli-08.
4.The Manager, T.D,.T.A.Thirumandala Higher Secondary and Special School, CSI Thirumandalam, Tirunelveli.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to disburse the arrear of salary Rs.14,91,751/- for the period from 18.03.2011 to 1/6
28.02.2018 forthwith based on the representation to respondents 3 to 4, dated 18.02.2019, 04.05.2021 and 22.08.2019 respectively. For Petitioner : Mr.S.Kumar For R1 & R2 : Mr.P.T.Thiraviyam Government Advocate For R3 & R4 : Mr.Alwin Balan Government Advocate
ORDER
The present writ petition has been filed seeking direction to the respondents to disburse the arrear of salary Rs.14,91,751/- for the period from 18.03.2011 to 28.02.2018 forthwith based on the representation to respondents 3 to 4, dated 18.02.2019, 04.05.2021 and 22.08.2019 respectively.
2. The petitioner was appointed as a Record Clerk at Anna Best Higher Secondary School, Pandarancettivillai, Christianagaram, Tuticorin District on 24.06.1996. After being transferred to various schools at Tirunelveli under the control of the 3rd and 4th respondents, on 03.09.2019, she was promoted to the post of Lab Assistant and was posted at St.Peter Higher Secondary School, Ukirankottai, wherein she served till 18.03.2011. However, she was promoted and transferred to Ooliyasthanam Teacher Training Institute as Junior 2/6
Assistant, wherein she served till 2018. Her promotion was approved by the 2nd respondent vide proceedings, dated 18.12.2017. She retired from service on 30.04.2019. However, for the reasons best known to the official respondents, the petitioner's salary was not disbursed from the date of her promotion and she was not paid with salary from 18.03.2011 to 28.02.2018. She was paid with an amount of Rs.8,701/- as the advance amount by the Tirunelveli Diocese and still there is an arrear of Rs.14,91,751/-. Despite several representations being sent to the 3rd and 4th respondents, the arrears of salary is not yet disbursed. On 04.06.2018, the 2nd respondent had addressed the claim of the petitioner in full. Even thereafter, the 3rd and 4th respondents have not acted upon. Hence, this writ petition came to be filed.
3. The learned counsel appearing for the respondents 3 and 4 fairly submitted that on receipt of representation from the petitioner, appropriate action will be taken for considering the case of the petitioner.
4. In view of the above, the writ petitioner is directed to immediately submit an elaborate representation in this regard to the 3rd and 4th respondents. On receipt of the same, the 3rd and 4th respondents are directed to pass 3/6
appropriate orders and disburse the amount, to which the petitioner is entitled too, in terms of the proceedings of the 2nd respondent, dated 04.06.2018 within a period of sixteen (16) weeks from the date of receipt of copy of the representation from the writ petitioner.
5. With the above said observations, this Writ Petition stands disposed of. No costs.
23.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Joint Director, State Council of Educational Research and Training (SCERT), DPI Complex, College Road, Nungambakkam, Chennai-06.
2.The Principal, District Institute of Educational and Training (DIET), Munanjipatti, Tirunelveli-627 355.
3.The Correspondent, Ooliyasthanam Teacher Training Institute, Palayapettai, Tirunelveli-08.
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4.The Manager, T.D,.T.A.Thirumandala Higher Secondary and Special School, CSI Thirumandalam, Tirunelveli.
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L.VICTORIA GOWRI, J.
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