P. Kandhan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.11.2020
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN P. Kandhan ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by Secretary to Government, School Education Department, Fort St. George, Chennai -6.
2.The Director of School Education, Chennai -6.
3.The Chief Educational Officer, District Education Office, Dindigul -620 003.
4.The District Educational Officer, Vedasanthur, Dindigul District.
5.The Head Master, Government High School, Thangammapatty, Dindigul District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to disburse the balance salary along with all consequential benefits to the Petitioner from the date of suspension i.e.
from 25.07.2019 till 20.03.2020 the date of reinstatement, by considering the Petitioner's representation dated 04.04.2020.
For Petitioner : Mr.J.Thomas Raja Durai For Respondents : Mr.N.Shanmugaselvam Additional Government Pleader
O R D E R
The Writ Petition is filed seeking a direction to the respondents to disburse the balance salary along with all consequential benefits to the petitioner from the date of suspension i.e. from 25.07.2019 till 20.03.2020, the date of reinstatement, by considering the Petitioner's representation dated 04.04.2020.
2. Heard the learned Counsel appearing for the petitioner and 1/3
the learned Additional Government Pleader, who takes notice for the respondents.
3. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.
4. The case of the petitioner is that he is working as B.T.Assistant (English) in Government High School, Thangammapatty, Dindigul District. Due to matrimonial dispute, the wife of the petitioner lodged a false complaint against the petitioner on 25.07.2019 and an FIR was registered in Crime No.14 of 2019 on the file of the All Women Police Station, Dindigul and he was arrested and remanded to judicial custody from 25.07.2019 to 09.08.2019. Hence, the third respondent passed an order of suspension in R.No.7412/C4/2019, dated 30.07.2019. Challenging the same, the petitioner filed a Writ Petition in W.P.(MD)No.18652 of 2019 and the same was allowed by this Court on 28.02.2020. Though the petitioner was reinstated in service on 20.03.2020, the respondents had not paid the remaining salary along with all consequential benefits.
Hence, the petitioner had sent a representation to the respondents on 04.04.2020. Since the same has not been considered so far, the present Writ Petition is filed before this Court.
5. The learned Additional Government Pleader appearing for the respondents submitted that the representation submitted by the petitioner, dated 04.04.2020, would be considered on merits and in accordance with law, within a time frame as fixed by this Court.
6. Considering the nature of the relief as sought for by the petitioner, without going into the merits of the case, the third respondent is directed to consider the representation of the petitioner dated 04.04.2020 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.
7. The Writ Petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) ls/pm 2/3
To 1.The Secretary to Government, School Education Department, Fort St. George, Chennai -6.
2.The Director of School Education, Chennai -6.
3.The Chief Educational Officer, District Education Office, Dindigul -620 003.
4.The District Educational Officer, Vedasanthur, Dindigul District.
5.The Head Master, Government High School, Thangammapatty, Dindigul District.
+1 CC to M/s.GP ( SR-21949[F] dated 11/11/2020 ) 10.11.2020 PM(CO) AP(24/11/2020) 3 P 7C 3/3