Madras High CourtWP(MD)/10588/2019disposed of

S.Peter Raj v. The District Educational

2019-04-27Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.10588 of 2019 S.Peter Raj.

... Petitioner Vs.

1. The District Educational Officer, Tiruchendur, Thoothukudi District - 628 215.

2. The Correspondent, St.Mary's Higher Secondary School, Pothakalanvilai, Thoothukudi District -628 702.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to surrender and encash 240 days of the petitioner's earned leave and disburse the surrender leave salary to the petitioner in the light of the petitioner's representation dated 11.01.2019 and the petitioner's reminder dated 07.03.2019. For Petitioner : Mr.J.David Ganesan For Respondents : Mrs.S.Srimathy, Special Government Pleader

ORDER

This writ petition has been filed seeking a Writ of Mandamus directing the respondents to disburse the surrender leave salary to the petitioner in the light of the petitioner's representations dated 11.01.2019 and 07.03.2019.

2.Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. By Consent, this writ petition is taken up for final disposal at the stage of admission itself.

3.The learned Counsel appearing for the petitioner submitted that the petitioner seeking disbursement of earned leave, sent representations to the respondents. However, the said representations have not been considered by the respondents. Hence, the writ petition with the above prayer, is filed. 4.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the respondents would consider the representations sent by the petitioner and pass orders on merits.

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5.Considering the limited scope of the relief sought for by the petitioner, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representations dated 11.01.2019 and 07.03.2019 and pass necessary orders, on merits and in accordance with law, after affording opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of, on the above terms. No costs.

sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar To The District Educational Officer, Tiruchendur, Thoothukudi District - 628 215.

+1 CC to Mr.J.DAVID GANESAN, Advocate (SR-63307[F] dated 27/04/2019 ) +1 CC to SPL GP ( SR-64045[F] dated 29/04/2019 ) ORDER MADE IN WP(MD)No.10588 of 2019 27.04.2019 dsk MK/16.05.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/