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Madras High CourtWP(MD)/7884/2018disposed of

P.Karuppiah v. The Director Of Elementary

2018-04-11Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.7884 of 2018 P.Karuppiah ... Petitioner Vs.

1. The Director of Elementary Education, DPI Complex, College Road, Chennai - 600 006.

2. The District Educational Officer, Government Boys Higher Secondary School Campus, Trichy Main Road, Melur, Madurai District.

3. The District Elementary Educational Officer, RMS Road, Madurai, Madurai District.

4. The Assistant Elementary Educational Officer, Government Boys Higher Secondary School Campus, Trichy Main Road, Melur, Madurai District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 4th respondent to implement the order passed by the 2nd respondent by his proceedings in Na.ka.No.6371/m1/2011 dated .06.2012 which was signed on 11.07.2012 and pay the arrears as per revised pay and to pay the Special Provident fund, Balance Amount of Dearness Allowance, Earned Leave Salary, one year Pongal bonus and 01.11.2016 duty period pay with interest at the rate of 18% per annum within the time limit that may be fixed by this Court. For Petitioner : Ms.J.Balameenakshi For Respondents : Mr.M.Murugan Government Advocate

O R D E R

The prayer sought for in this Writ Petition is for a Writ of Mandamus, directing the 4th respondent to implement the order

passed by the 2nd respondent by his proceedings in Na.Ka.No.6371/m1/2011 dated .06.2012, which was signed on 11.07.2012 and pay the arrears as per revised pay and to pay the Special Provident fund, Balance Amount of Dearness Allowance, Earned Leave Salary, one year Pongal bonus and 01.11.2016 duty period pay with interest at the rate of 18% per annum within the time limit that may be fixed by this Court.

2.Heard Ms.J.Balameenakshi, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate, appearing for the respondents.

3.By consent of both sides, this writ petition itself is taken up for disposal at the admission stage.

4.The learned counsel appearing for the petitioner submits that though a larger prayer was sought for in the writ petition, he submits that the petitioner will be satisfied, if a direction is given to the fourth respondent to consider the various representations submitted by the petitioner right from 2013 and lastly on 05.12.2017 on merits and in accordance with law and an order to that effect is passed.

5.I have heard the learned Government Advocate appearing for the official respondents in this regard.

6.In view of the innocuous nature of the prayer now sought for by the petitioner, this writ petition is disposed of with the following direction:

"That the fourth respondent is directed to consider the representation of the petitioner submitted on various dates from 2013 onwards and particularly on 05.12.2017 with regard to his grievance of service benefits and pass a reasoned order, after considering the same, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order." No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Director of Elementary Education, DPI Complex, College Road, Chennai - 600 006.

2. The District Educational Officer, Government Boys Higher Secondary School Campus, Trichy Main Road, Melur, Madurai District.

3. The District Elementary Educational Officer, RMS Road, Madurai, Madurai District.

4. The Assistant Elementary Educational Officer, Government Boys Higher Secondary School Campus, Trichy Main Road, Melur, Madurai District.

+1cc to Ms.J.Balameenakshi, Advocate Sr.No.60777 +1cc to The Spl. Government Pleader Sr.No.61024 GSP/RR VB/SV/MMS/SAR4/28/04/2018/3P/7C W.P(MD)No.7884 of 2018 11.04.2018