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Madras High CourtWP(MD)/18482/2018ordered

Manthakalai S/O Muthan, v. The District Collector,

2018-09-04Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 04.09.2018

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.18482 of 2018 Manthakalai ..Petitioner Vs 1.The District Collector, Collectorate Building, Madurai - 625 020.

2.The Assistant Director of Panchayat, District Collectorate Campus, Madurai-625 020.

3.The Block Development Officer, Office of the Block Development Office, Melur Panchayat Union, Madurai.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to give salary to the Petitioner and back-wages and all other attendant and monetary benefits on the basis of the Petitioner's representation dated 19.5.2017 and 22.1.2018 respectively.

For Petitioner :Mr.V.Muthusamundeeswaran For Respondents :Mr.S.Dhayalan 1 and 2 Government Advocate For Respondent-3 :Mr.K.Thiyagarajan

ORDER

The Petitioner has come forward with this Writ Petition seeking to issue a Writ of Mandamus directing the respondents to give salary to the Petitioner and back-wages and all other attendant and monetary benefits on the basis of the Petitioner's representation dated 19.5.2017 and 22.1.2018 respectively. https://hcservices.ecourts.gov.in/hcservices/ 2.The Petitioner is a permanent employee in the third respondent Office and his salary, back-wages and all other

attendant and monetary benefits has not been paid and in this regard, the Petitioner has submitted representations on 19.5.2017 and 22.1.2018 to the authorities concerned.

3.The only defence of the respondents is that there is scarcity of water and there is no water in the tank. Whether there is water or not, the tank has got to be maintained and being a permanent employee, as long as he is in the rolls, his salary and other benefits will have to be paid. It is needless to mention that his services can also be utilized for other works, if he has no other work with regard to water tank.

4.The Writ Petition is ordered accordingly. The Petitioner's pay, if any due, shall be paid paid to him on or before 2.11.2018. Without payment of salary to the Petitioner, the third respondent shall not draw the salary. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS-III) To 1.The District Collector, Collectorate Building, Madurai - 625 020.

2.The Assistant Director of Panchayat, District Collectorate Campus, Madurai-625 020.

3.The Block Development Officer, Office of the Block Development Office, Melur Panchayat Union, Madurai.

+1 CC TO The Special Government Pleader SR.NO. 82521 W.P(MD)No.18482 of 2018 04.09.2018 VSN TR/SKN-RSK/SAR-III(02.11.2018)2P 5C https://hcservices.ecourts.gov.in/hcservices/