A.Sekar Alias Xavier, v. The District Educational
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.10764 of 2019 A.Sekar alias Xavier ... Petitioner Vs.
1.The District Educational Officer, Thoothukudi @ Pudukottai, Thoothukudi District - 628 103.
2.The Tuticorin Diocesan Association, Registration No.1/1937-38, 82, GC Road, Thoothukudi - 628 001.
3.The Manager, RC Schools, Tuticorin Diocese, Thoothukudi District.
4.The Correspondent, St.Xavier's High School, T.Saveriarpuram - 628 002.
Thoothukudi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of issue a Writ of Mandamus, directing the respondents to regularize the petitioner's service from 06.01.2015 to 04.03.2015 (58 days) and release the salary for this period, sanction the missing annual increments which are due on 01.01.2015, 01.01.2016, 01.01.2017, 01.01.2018 and 01.01.2019 and fix the petitioner's pay as per the 7th Pay commission order and give all the monetary benefits in the light of the Petitioners representation dated 28.12.2018.
For Petitioner : Mr.J.David Ganesan For Respondents : Mrs.S.Srimathy, Special Government Pleader
ORDER
This writ petition has been filed seeking for a direction to the respondents to regularize the suspension period, sanction the annual increments from the year 2015, fix the pay as per VII Pay commission and give all monetary benefits to the petitioner, based on his representation dated 28.12.2018.
2.Heard the learned Counsel 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 for the petitioner submitted that seeking regularisation of the suspension period, sanction of annual increments from the year 2015 and pay fixation based on the VII Pay Commission, the petitioner submitted a representation dated 22.10.2018 to the respondents. So far, the said representation has not been considered by the respondents. Therefore, the petitioner is before this Court with the above prayer.
4.The learned Special Government Pleader appearing for the respondents submitted that the respondents would address the grievances of the petitioner and pass orders on merits. 5.Considering the limited scope of the relief sought for by the petitioner in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 28.12.2018, on merits and in accordance with law and pass necessary orders, after affording opportunity of hearing to the petitioner, within a period of eight 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(CS) To 1.The District Educational Officer, Thoothukudi @ Pudukottai, Thoothukudi District - 628 103.
2.The Tuticorin Diocesan Association, Registration No.1/1937-38, 82, GC Road, Thoothukudi - 628 001.
3.The Manager, RC Schools, Tuticorin Diocese, Thoothukudi District.
4.The Correspondent, St.Xavier's High School, T.Saveriarpuram - 628 002.
Thoothukudi District.
+1 CC to M/s.J.DAVID GANESAN, Advocate ( SR-63702[F] dated 29/04/2019 ) +1 CC to M/s.SPL GP ( SR-65063[F] dated 02/05/2019 ) dsk ORDER MADE IN WP(MD)No.10764 of 2019 29.04.2019 KM/(24.05.2019) 3P 7C