E. Vimala v. The District Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.12.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY E.Vimala

...Petitioner

Vs 1.The District Educational Officer, Tirunelveli District, Tirunelveli.

2.The Assistant Elementary Educational Officer, Palayamkottai Rural, Palayamkottai, Tirunelveli Districtt.

3.The Block Educational Officer, Palai, Tirunelveli District.

4.The Correspondent, TDTA Primary School / Middle School, Tuckerammalpuram, Palayamkottai, Tirunelveli.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 3 to pay the salary from 12.08.2008 to 31.01.2018 and retirement benefits to the petitioner, based on the representation dated 13.01.2020 and 23.01.2020.

For Petitioner : Mr.C.Vakeeswaran For R1 to R3 : Mr.N.Shanmuga Selvam Additional Government Pleader

ORDER

This Writ Petition is filed for a direction to the respondents 1 and 3 to pay the salary from 12.08.2008 to 31.01.2018 and the retirement benefits to the petitioner.

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2.The learned counsel appearing for the petitioner would submit that with the relief sought for in the prayer, though the petitioner has made representations, dated 13.01.2020 and 23.01.2020 to the respondents, so far no action has been taken. Hence, the petitioner is before this Court.

3.In reply, Mr.N.Shanmugaselvam, learned Additional Government Pleader appearing for the respondents 1 to 3 would fairly submit that the petitioner's representations, dated 13.01.2020 and 23.01.2020 will be disposed of on merits and in accordance with law, within a period of eight weeks.

4.In view of the submission made by the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 to 3, this Court is inclined to pass the following directions:- i) the 1st respondent is directed to consider the petitioner's representations, dated 13.01.2020 and 23.01.2020 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order; and ii) the amount, which has to be arrived at by the respondents, as per the entitlement of the petitioner, if any, shall be paid to the petitioner, within a period of eight weeks therefrom; 5.With the above directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 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.

To 1.The District Educational Officer, Tirunelveli District, Tirunelveli.

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2.The Assistant Elementary Educational Officer, Palayamkottai Rural, Palayamkottai, Tirunelveli Districtt.

3.The Block Educational Officer, Palai, Tirunelveli District.

+1 cc to Mr.C.Vakeeswaran , Advocate SR.No.26901 +1 cc to The Special Government Pleader Sr.No.27033 22.12.2020 KM (08.01.2021) 3P 6C 3/3