J.Serabin Ezhilarasi, v. The Chief Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.05.2019
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.11977 of 2019 J.Serabin Ezhilarasi .. Petitioner Vs.
1.The Chief Educational Officer, Tirunelveli District, 2.The District Education Officer, Trunelveli Education District, 3.The Block Educational Officer, Manur @ Rastha, Tirunelveli District.
4.The Correspondent, TDTA Primary School, Sampoothu, Tirunelveli District.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to disburse the salary of the petitioner payable to the petitioner from June 2018 by considering the representation given by the petitioner dated 18.03.2019. For Petitioner : Mr.K.Samidurai For R-1 to R-3 : Mrs.S.Srimathy, Special Government Pleader.
ORDER
This writ petition is filed seeking a Writ of Mandamus directing the respondents to disburse the salary payable to her from June 2018 by considering her representation dated 18.03.2019 2.Mrs.S.Srimathy, learned Special Government Pleader takes notice for the respondents 1 to 3. In view of the nature of the relief sought for by the petitioner, notice to the fourth respondent is dispensed with.
3.By consent of both the parties, this writ petition is taken up for final hearing at the stage of admission itself.
4.Heard both sides.
5.The case of the petitioner is that she is working as Headmistress in the fourth respondent School from 05.01.2018 and her monthly salary has not been paid from June 2018. In this regard, she made a representation to the respondents on 18.03.2019 seeking to disburse her salary. However, the said representation has not been considered by the respondents. Hence, the petitioner is before this Court.
6.The learned counsel appearing for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 18.03.2019, is directed to be disposed of by the second respondent as per law.
7.The learned Special Government Pleader appearing for the respondents 1 to 3 submits that the petitioner's representation is under consideration and the fourth respondent has to forward necessary papers to the second respondent to enable him to pass orders on the representation.
8.Under such circumstances, this Court, without going into the merits of the petitioner's claim, directs the fourth respondent to forward the necessary papers to the second respondent, within a period of two weeks from the date of receipt of a copy of this order and on receipt of such papers, the second respondent is directed to consider the petitioner's representation, dated 18.03.2019, and pass orders, on merits and in accordance with law, after affording opportunity of hearing to the petitioner, within a period of four weeks thereafter. 9.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar (vo) // True Copy // Sub Assistant Registrar(CS) To 1.The Chief Educational Officer, Tirunelveli District,
2.The District Education Officer, Trunelveli Education District, 3.The Block Educational Officer, Manur @ Rastha, Tirunelveli District.
+1 CC to M/s.K.SAMIDURAI, Advocate ( SR-65825[F] dated 15/05/2019 ) +1 CC to M/s.SPL GP ( SR-66044[F] dated 16/05/2019 ) smn/tsg ORDER MADE IN W.P(MD)No.11977 of 2019 15.05.2019 KM/(22.05.2019) 3P 6C