C.Pazhamudhir Pangi v. The District Elementary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.[MD]No.7413 of 2016 C.Pazhamudhir Pangi : Petitioner Vs.
1.The District Elementary Educational Officer, Chief Elementary Educational Office, Trichy-620 015.
2.The Assistant Elementary Educational officer, District Elementary Educational Office, Sethuram Colony, Srimathi Complex, Trichy-620 020.
3.The Special Officer, R.1480, Manachanallur Sub Division Teacher's Cash Saving Society Limited, Manachanallur, Trichy District.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent to settle the petitioner loan dues pending principal amount Rs.25,774/- and Rs.21,467/- of interest, total Rs.47,241/- [In the prayer, interest was wrongly mentioned as Rs.21,417/-] to the third respondent from December 2015 to February 2016.
For Petitioner : Mr.D.Selvanayagam For Respondents : Mrs.S.Srimathy, Special Government Pleader *********
O R D E R
*********** The petitioner has filed the present Writ Petition seeking a direction to the second respondent to settle her loan dues totalling Rs.47,241/- to the third respondent.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing on behalf of the respondents.
3. The learned counsel for the petitioner submits that the petitioner was appointed to the post of Secondary Grade Teacher and subsequently, she was promoted to the post of Elementary School Headmistress on 28.06.2006. While so, due to her family circumstances, she availed housing loan and hand loan from the Society, for which, her salary was attached. However, the third respondent issued notice to the petitioner on 08.03.2016 asking her to pay the arrears amount of due i.e., principal amount of Rs.25,774/- and interest of Rs.21,467/-. On receipt of notice and on coming to know about the factum of non-disbursement of loan amount by the second respondent to the third respondent Society, she sent a representation dated 30.03.2016 to the first and second respondents narrating the details of the deduction and enclosing salary certificates from December, 2015 to March, 2016. Since the same has not been considered so far, the petitioner is before this Court seeking appropriate directions.
4. The learned Special Government Pleader appearing on behalf of the respondents submits that the representation of the petitioner dated 30.03.2016 would be considered by the first and second respondents on merits and in accordance with law, within the time stipulated by this Court.
5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents, without going into the merits of the case, this Court directs the first and second respondents to consider the representation of the petitioner dated 30.03.2016 and pass appropriate orders on merits and in accordance with law, after due opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.
6. The Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The District Elementary Educational Officer, Chief Elementary Educational Office, Trichy-620 015.
2.The Assistant Elementary Educational officer, District Elementary Educational Office, Sethuram Colony, Srimathi Complex, Trichy-620 020.
3.The Special Officer, R.1480, Manachanallur Sub Division Teacher's Cash Saving Society Limited, Manachanallur, Trichy District.
+1 CC to M/s.D.SELVANAYAGAM, Advocate ( SR-56995[F] dated 27/03/2019 ) +1 CC to M/s.SPL GP ( SR-57202[F] dated 27/03/2019 ) W.P.[MD]No.7413 of 2016 Dated: 26.03.2019 SP:06/05/2019/3P/6C