Madras High CourtWP(MD)/17809/2016disposed of

Chellaiah v. The District Collector

2016-09-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) Nos.17809 of 2016 Chellaiah ... Petitioner -vs1.The District Collector, Pudukottai District, Pudukottai.

2.The Block Development Officer, Karambakudi Panchayat Union, Karambakudi, Pudukottai District.

3.The President, Karambaviduthi Panchayat, Karambakudi Taluk, Pudukottai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pay arrears of salary of Rs.80,000/- to the petitioner on the basis of his representations dated 04.07.2016 and 01.08.2016 within time frame as fixed by this Court. For Petitioner : Mr.A.C.Asaithambi For 1st Respondent : Mr.M.Alagadevan Special Government Pleader For RR - 2 & 3 : Mr.D.Muruganandam Additional Government Pleader

O R D E R

This writ petition has been filed for the issuance of a writ of mandamus, directing the respondents to pay arrears of salary of Rs.80,000/- to the petitioner on the basis of his representations dated 04.07.2016 and 01.08.2016. 2.Heard Mr.A.C.Asaithambi, learned counsel appearing for the petitioner. Mr.M.Alagadevan, learned Special Government Pleader for the first respondent and Mr.D.Muruganandam, learned https://hcservices.ecourts.gov.in/hcservices/

Additional Government Pleader for the respondents 2 and 3. By consent the writ petition itself is taken up for final disposal at the admission stage.

3.The case of the petitioner is that he was working as Over Head Tank Operator in the third respondent Panchayat, and he retired from service on 30.05.2014. On the same day, the petitioner requested the third respondent to pay arrears of salary of Rs.80,000/-, for the period from 02.12.1990 to 30.05.2014. The third respondent has given assurance to pay the amount within one or two weeks. But, till today, the third respondent has not paid the arrears of salary. Therefore, the petitioner has submitted two representations dated 04.07.2016 and 01.08.2016 to the respondents. As the same have not been considered so far by the respondents, the petitioner is before this Court by filing the present writ petition.

4.Under the stated circumstances, the third respondent is directed to consider the representation submitted by the petitioner on 01.08.2016 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. If the representation is not considered, it is for the first respondent to ensure that the orders passed by this Court is complied with by the third respondent.

5.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The District Collector, Pudukottai District, Pudukottai. 2.The Block Development Officer, Karambakudi Panchayat Union, Karambakudi, Pudukottai District.

3.The President, Karambaviduthi Panchayat, Karambakudi Taluk, Pudukottai District.

+1 CC to Mr.A.C.ASAITHAMBI, Advocate, SR No.53566 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.54688 W.P(MD)No.17809 of 2016 20.09.2016 https://hcservices.ecourts.gov.in/hcservices/ mj SH/SKS-RR:20.10.2016:2P/6C