Dr. Thamilmani v. The Chief Educational Officer-Madurai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.12.2020
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.17937 of 2020 Dr.Thamilmani ... Petitioner Vs
1. The Chief Educational Officer-Madurai, Office of the Chief Educational Officer, Tallakulam, Madurai 625 002.
2. The District Educational Officer, Office of the District Educational Officer, Thirumangalam, Madurai District.
3. The Correspondent, CSI Girls' Higher Secondary School, Pasumalai, Madurai 625 003.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to pay the revised scale of pay and arrears of claim for the period of 01.01.2006 to 31.03.2006 based on petitioner's representation dated 11.09.2020.
For Petitioner : M/s.A.Banumathy For Respondents : Mr.A.Thiagarajan 1 & 2 Government Advocate
ORDER
This Writ Petition is filed to direct the 1st respondent to pay the revised scale of pay and arrears of claim to the petitioner for the period from 01.01.2006 to 31.03.2006, by considering the petitioner's representation dated 11.09.2020. 2.By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 1/3
3.The learned counsel appearing for the petitioner would submit that the petitioner was working as Headmistress in the 3rd respondent school and on attaining the age of superannuation, she was retired from service on 31.03.2006.
4.It is the main contention of the petitioner that as per the recommendation of the VIth pay commission, though the petitioner is eligible to avail the arrears of payment for a sum of Rs.79,898/- for a period of three months, ie., from 01.01.2006 to 31.03.2006, the same has not been paid with the petitioner so far, for which, the petitioner has made a representation dated 11.09.2020 to the 2nd respondent and the same has not been considered by the 2nd respondent till date. Hence, the petitioner is before this Court for the relief stated supra.
5.Mr.A.Thiagarajan, learned Government Advocate appearing for the respondents would fairly submit that the petitioner's representation dated 11.09.2020 would be considered on merits and in accordance with law, within a period of four weeks. 6.In view of the submission made by the learned Government Advocate, this Court is inclined to pass the following directions:- i) the 1st respondent is directed to consider the petitioner's representation dated 11.09.2020 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; and ii) if any amount is arrived at by the 1st respondent with regard to the claim of the petitioner, the same shall be paid to the petitioner within a period of six weeks therefrom; 7.With the above directions, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3
To
1. The Chief Educational Officer-Madurai, Office of the Chief Educational Officer, Tallakulam, Madurai 625 002.
2. The District Educational Officer, Office of the District Educational Officer, Thirumangalam, Madurai District.
+1 CC to the SPL GP ( SR-24863[F] dated 10/12/2020 ) W.P.(MD) No.17937 of 2020 08.12.2020 VR(CO) CS(16.12.2020) 3P 4C 3/3