Madras High CourtWP(MD)/18514/2018disposed of

Leelavathi v. The District Educational

2019-03-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.18514 of 2018 Leelavathi ... Petitioner Vs.

1.The District Educational Officer, Periyakulam, Theni District.

2.The Block Development Officer, Block Educational Office, Periyakulam, Theni District.

3.The Correspondent, Rahim Brothers Middle School, Vadakarai, Periyakulam, Theni District.

... 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 disburse the arrears of salary payable to the petitioner's daughter, Saranya Craft Teacher (Sewing), who worked in the third respondent school on the basis of the petitioner representation dated 03.08.2018 and within the time stipulated by this Court.

For Petitioner : Mr.C.Jeganathan For R1 & R2 : Mrs.S.Srimathy Special Government Pleader For R3 : Mr.Mohammed Imran for M/s. Ajmal Associates

ORDER

Seeking for a direction to the respondents to disburse the arrears of salary payable to the petitioner's daughter on the basis of the petitioner's representation dated 03.08.2018, the present writ petition has been filed.

2.Heard the learned Counsel appearing on both sides and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Counsel appearing for the petitioner submitted that the petitioner's daughter was working as Craft Teacher

(Sewing) in the third respondent school. Since the petitioner's daughter was not paid any salary, she moved before this Court and this Court directed the first respondent to consider the representation of the petitioner's daughter and disburse the salary to her. Pursuant to the same, the petitioner's daughter made a fresh representation to the respondents. In the meantime, the petitioner's daughter died. To get the arrears of salary of the petitioner's daughter, the petitioner made a representation, dated 03.08.2018 to the respondents. After receiving the said representation, the respondents did not take any action. Hence, the petitioner has filed this writ petition with the above prayer. 4.The learned Special Government Pleader appearing for the respondents 1 and 2, submitted that the representation of the petitioner dated 03.08.

2018 would be considered on merit. 5.Under such facts and circumstances of the case, this Court, without going into the merits of the case, directs the respondents 1 and 2 to consider the representation of the petitioner, dated 03.08.2018, and pass appropriate orders, on merit and in accordance with law, after affording opportunity of hearing to the petitioner as well as the third respondent, 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 (T & P) // True Copy // Sub Assistant Registrar(CS) mm To 1.The District Educational Officer, Periyakulam, Theni District.

2.The Block Development Officer, Block Educational Office, Periyakulam, Theni District.

+1CC TO MR.VEERA ASSO., Advocate Sr. No.57643 +1CC TO MR.AJMAL ASSO., Advocate Sr. No.57878 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.97981 W.P(MD) No.18514 of 2018 28.03.2019 PK(CO) TR (27.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/