Jeyanthi Latha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2025

CORAM:

THE HON'BLE MR.JUSTICE BATTU DEVANAND W.P.(MD).No.3584 of 2025 Jeyanthi Latha ... Petitioner Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. Project Director, District Rural Development Agency (DRDA), Tirunelveli District.

3. Assistant Director, (Panchayats), District Collectorate, Tirunelveli.

4. The Block Development Officer, (Village Panchayat), Manur Panchayat Union, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to give arrears of consolidated pay for the past five months from Sep 2024 to January 2025 as per the proceedings of the 4th respondent vide Na.Ka.No.Aa2/2399/2024 dated Sep 2024 on the basis of the petitioner's representation dated 25.01.2025.

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For Petitioner : Mr.M.Sankar For R1 to R3 : Mr.N.Satheesh Kumar Additional Government Pleader For R4 & R5 : Mr.S.S.Madhavan Government Advocate

ORDER

Heard the learned counsel appearing for the petitioner, learned Additional Government Pleader appearing for the respondents 1 to 3 and the learned Government Advocate appearing for the respondents 4 and 5. Carefully perused the materials available on records.

2. The case of the petitioner is that she is working as a health worker / member of sanitation committee in Kanarpatti Village, Manur Panchayat Union, Tirunelveli District. She is getting consolidated pay of Rs.2,000/- per month from the 4th respondent.

3. The grievance of the petitioner is that she was not paid the said consolidated pay for the past 5 months i.e., from September 2024 to January 2025. Seeking the payment of consolidated pay for the said five months, the petitioner has submitted a representation dated 25.01.2025 to the respondent. Against the inaction of the respondent in considering the 2/6

said representation, the petitioner is constrained to file the present writ petition.

4. The learned Government Advocate appearing for the respondents 4 and 5 on instructions submits that the petitioner did not attend to the duties and due to that reason only the payment is made to her. On instructions, he further contended that the Manur Panchayat Union has passed a resolution dated 20.01.2025 to discontinue the service of the petitioner as health worker and sent the resolution to the 4th respondent to pass orders to terminate the service of the petitioner and it is pending with the 4th respondent.

5. On consideration of the submission of the learned Government Advocate, it appears that as on date no orders are passed by the 4th respondent to terminate the service of the 5th respondent though the resolution passed by the Manur Panchayat Union has sent to the 4th respondent.

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6. Under these circumstances, it has to be considered that as on date the petitioner is continuing as health worker and she is not terminated. As such she is entitled for the consolidated pay as she requested in representation dated 25.01.2025 and the 4th respondent is liable to pay the said consolidated pay to the petitioner.

7. For the aforesaid reasons, this writ petition is allowed with a direction to the 4th respondent to pay the consolidated pay from September 2024 to January 2025 to the petitioner by considering the representation of the petitioner dated 25.01.2025 within a period of three (3) weeks from the date of receipt of a copy of this order. No costs. 10.02.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. Project Director, District Rural Development Agency (DRDA), Tirunelveli District.

3. Assistant Director, (Panchayats), District Collectorate, Tirunelveli.

4. The Block Development Officer, (Village Panchayat), Manur Panchayat Union, Tirunelveli District 5/6

BATTU DEVANAND, J.

rgm W.P.(MD).No.3584 of 2025 10.02.2025 6/6