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Madras High CourtWP(MD)/15018/2022disposed of

Sumathi. V v. The Director Of Elementary Education

2022-07-12Honourable Mr Justice G. Chandrasekharan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN V.Sumathi ... Petitioner Vs.

1. The Director of Elementary Education, Office of the Director of Elementary Education, DPI Campus, Chennai - 600 006.

2. The Joint Director of Elementary Education, Office of the Director of Elementary Education, DPI Campus, Chennai - 600 006.

3. The District Collector,

4. The Chief Educational Officer, Office of the Chief Educational Officer, Theni, Theni District.

5. The District Educational Officer, Office of the District Educational Officer, Allinagaram, Theni, Theni District.

6. The Block Educational Officer - I, Office of the Block Educational Officer,

7. The Secretary, Maharaja Elementary School, Subban Street, Theni.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to disburse the salary of the petitioner from 01.01.2022 till date along with all consequential benefits within the time period stipulated this Court on the basis of the petitioner's representation dated 01.07.2022. For Petitioner :

Mr.M.Kaliraj For Respondents :

Mr.A.Kannan Addl. Govt. Pleader for R1 to R6

O R D E R

The relief sought for in the present Writ Petition is to direct the respondents to disburse the salary of the petitioner from 01.01.2022 till date along with all consequential benefits, based on the representation, dated 01.07.2022, submitted by her.

2. The learned counsel for the petitioner submitted that the petitioner joined as Secondary Grade Teacher in the 7th respondent School

on 03.03.2016. He further submitted that from 01.01.2022 onwards, her salary has not been disbursed without any reason and the same was intimated to the 6th respondent. The 6th respondent informed the petitioner that he informed the same to the 5th respondent and after receiving the reply from the 7th respondent, appropriate action would be taken. She submitted a representation on 01.07.2022 with regard to non-payment of salary from 01.01.2022. Since no action had been taken on her representation, she filed this petition.

3. Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 to 6 and submits that the 7th respondent, namely, Secretary to Maharaja Elementary School, had not submitted the pay bills to the petitioner and other Teachers from January 2022. Therefore, the petitioner and certain other Teachers expressed their willingness to get direct payment. Accordingly, the order has been passed by the District Educational Officer, Theni, in Mu.Mu.No.2480/A2/2022 dated 08.07.2022 that until a new Secretary is appointed, the salary would be paid to the

Teachers through District Educational Officer, Theni. He further submitted that on 01.07.2022, the petitioner and other Teachers would be receiving salary from the Government. So far as the payment of salary from 01.01.2022 to 30.06.2022 is concerned, only after the appointment of new Secretary and submission of pay bills, the payment would be considered.

4. In the light of the said submission and the limited scope of the prayer in the Writ Petition, this Court directs the respondents 1 to 6 to consider the representation of the petitioner, dated 01.07.2022 and pass appropriate orders within a period of three weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

12.07.2022 Index : Yes / No Speaking Order : Yes / No

vji To

1. The Director of Elementary Education, Office of the Director of Elementary Education, DPI Campus, Chennai - 600 006.

2. The Joint Director of Elementary Education, Office of the Director of Elementary Education, DPI Campus, Chennai - 600 006.

3. The District Collector,

4. The Chief Educational Officer, Office of the Chief Educational Officer, Theni, Theni District.

5. The District Educational Officer, Office of the District Educational Officer, Allinagaram, Theni, Theni District.

6. The Block Educational Officer - I, Office of the Block Educational Officer,

7. The Secretary,

Maharaja Elementary School, Subban Street,

G.CHANDRASEKHARAN, J.

vji 12.07.2022