Madras High CourtWP(MD)/5470/2019disposed of

P.Helen Shanthi Natchathiram, v. The District Differently

2019-03-08Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.5470 of 2019 P.Helen Shanthi Natchathiram ... Petitioner Vs 1.The District Differently Abled Welfare Officer, District Collector Campus, Tirunelveli - 9.

2.The Correspondent, Florence Swainson Higher Secondary School for the Deaf, Palayamkottai, Tirunelveli District.

3.The Principal, Florence Swainson Higher Secondary School for the Deaf, Palayamkottai, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay her salary from the month of August 2017 till date by considering petitioner's representation dated 27.07.2018. For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.V.Anand Government Advocate

ORDER

This writ petition has been filed seeking a direction to the respondents to pay the petitioner's salary from the month of August, 2017 till date, by considering her representation dated 27.07.2018.

2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

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3.The case of the petitioner is that she is working as a Junior Assistant in the second respondent school and subsequently she was transferred to some other school. Challenging the transfer order, the petitioner filed a writ petition and obtained an order of stay of transfer. Therefore, the respondents are evading to pay salary to the petitioner. Seeking disbursement of salary, the petitioner made a representation dated 27.07.2018 and the same is pending for consideration. Hence, the petitioner is before this Court.

4.The learned Government Advocate appearing for the respondents, on instructions, submitted that the representation of the petitioner would be considered on merits. 5.In such view of the matter, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 27.07.2018, seeking disbursement of salary and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

6.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To The District Differently Abled Welfare Officer, District Collector Campus, Tirunelveli - 9.

+1 CC to M/s.S.R.ANBARASU, Advocate( SR-53042[F] dated 11/03/2019 ) MJ W.P.(MD)No.5470 of 2019 08.03.2019 KM/(14.03.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/