Madras High CourtWP(MD)/16413/2025disposed of

Sridharan v. The Secretary To Government

2025-06-19Honourable Mr.Justice Vivek Kumar Singh7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.16413 of 2025 Sridharan : Petitioner Vs.

1. The Secretary to Government, Finance (Pay Cell) Department, Government of Tamil Nadu, Fort St George, Chennai 600 009.

2. The Secretary to Government, School Education Department, Government of Tamil Nadu, Fort St George, Chennai 600 009.

3. The Director of School Education, Office of the Director of School Education, Professor Anbalagan Education Campus, Chennai 600 006.

4. The Joint Director of School, Education, (Higher Secondary), E.V.K. Sampath Building, DPI Campus College Road, Nungambakkam Chennai - 600 006.

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5. The Chief Educational Officer, C.E.O Office, Parents Teacher Building Madurai Main Road, Trichy 620 008.

6. The Head Master, Government Higher Secondary School, Inammathur, Trichy District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to rectify petitioner pay anomaly with effect form 24.03.2008 on par with his junior and disburse the same together with interest at the rate of 12 percent per annum in the light of order made in W.P.(MD)No.2306 of 2016 on the file of this Court dated 20.07.2023 as well as the representation dated 22.04.2025.

For Petitioner : Mr.R.Sundar For Respondents : Mr.M.Siddharthan Additional Government Pleader for R2 to R6 Ms.S.Saji Bino Special Government Pleader for R1

O R D E R

The writ petition has been filed for the issuance of a writ of Mandamus, directing the respondents to rectify the petitioner's pay anomaly with effect from 24.03.2008, on par with his junior and to 2/7

disburse the arrears along with interest at the rate of 12% per annum, in the light of the order passed in W.P.(MD) No.2306 of 2016 dated 20.07.2023 by this Court, as well as the petitioner's representation dated 22.04.2025.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.The petitioner asserts that, while he was in service, he was drawing a lower salary than his juniors. In this regard, he submitted a representation on 17.03.2015. Since no response was received, he filed a writ petition in W.P.(MD) No.10810 of 2015 before this Court. This Court, by its order dated 24.06.2015, directed the respondents to consider the said representation. Pursuant to the order, the respondents, after due consideration, rejected the petitioner's claim. Aggrieved by the said rejection order, the petitioner filed another writ petition in W.P.(MD) No. 2306 of 2016, wherein this Court, by order dated 23.12.2015, allowed the writ petition and quashed the impugned order therein. Pursuant to the said order, the fifth respondent, through proceedings dated 10.04.2024, 3/7

addressed a communication to the Headmaster, Somarasanpettai, Trichy, requesting a report regarding the petitioner's pay anomaly. In response, the Headmaster submitted the required report to the respondents. However, despite receipt of the report and the representation submitted by the petitioner, no further action has been taken by the respondents. Therefore, the petitioner has filed the present writ petition seeking appropriate relief.

4. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the first respondent to consider the representation of the petitioner and pass appropriate orders, within a time frame that may be stipulated by this court.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the 4/7

Constitution of India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the concerned respondent to consider the petitioner's representation dated 18.04.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 19.06.2025 Index : Yes / No Internet : Yes / No PKN 5/7