Devika.P v. The District Education Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2024
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI P.Devika : Petitioner Vs.
1.The District Education Officer, Sivakasi - 626 123, Virudhunagar District.
2.The Block Educational Officer - 1, Watrap Block, Maharajapuram - 626 149, Virudhunagar District.
3.Kamaraj Middle School (Direct Payment), Kunnur - 626 138, Virudhunagar District, Rep. by its Head Mistress (I/c).
4.Kunnur Hindu Nadar Uravinmurai, Educational Agency, Kamaraj Middle School, Kunnur - 626 138, Virudhunagar District.
Rep. by its President.
: Respondents 1/7
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 3 & 4 to pay the petitioner a sum of Rs.5,48,196/- towards arrears of salary in terms of the proceedings dated 31.10.2019 of the first respondent and the proceedings of the second respondent dated 30.06.2020 along with 18% interest within the period that may be stipulated by this Court.
For Petitioner : Mr.M.Jerin Mathew For Respondents 1 & 2 : Mr.M.Sarangan Additional Government Pleader For Respondents 3 & 4 : No appearance
O R D E R
The petitioner was appointed as a Secondary Grade Assistant on 15.12.1980 in the third respondent school. He was promoted as Head Master on 01.03.2004 and on attaining the age of superannuation he retired from service on 31.05.2018. 2.Earlier, the petitioner was kept under suspension for the period between 17.01.2005 and 31.01.2005, between 01.02.2005 and 24.04.2005 he was demoted as Secondary Grade Assistant, between 25.04.2005 and 08.11.2005 he was under termination and thereafter from 16.03.2007 and 09.06.2008 he was further kept 2/7
under suspension and the period between 27.07.2009 and 19.04.2010 he was further kept under suspension. All the aforesaid periods under suspension / demotion and removal came to be challenged before this Court by the petitioner by filing W.P.(MD) No.7289 of 2007 before this Court and this Court on 05.10.2007, passed an interim order directing the third and fourth respondents therein to pay the monetary benefits. Pursuant to the same, the petitioner filed contempt petition in CONT.P.(MD)No.6 of 2008. During the pendency of the same, the entire period under which the petitioner was kept under suspension / termination / demotion came to be regularised by the respondents and part payment of Rs. 1,32,253/- came to be paid to the petitioner, on the basis of which, the said contempt petition was closed.
However, the remaining eligible amount to be paid to the petitioner was Rs.5,48,196/-. However, without paying the same, the respondents 3 and 4 kept the matter pending needlessly. Hence, this Writ Petition. 3.Learned Counsel for the petitioner submitted that for the reasons exclusively known to the third and fourth respondents, the remaining amount to which the petitioner is entitled is not paid so far and prayed for allowing this Writ Petition. 4.
suspension, demotion and termination came to be passed, the entire responsibility of paying the amount would be on the third and fourth respondents and they are delaying the payment of the remaining amount to what the petitioner is entitled to. 5.In view of the said submission, this Court directs the third and fourth respondents to pay Rs.5,48,196/- towards arrears of salary in terms of the proceedings of the first respondent dated 31.10.2019 and the proceedings of the second respondent dated 30.06.2020 along with 6% interest within a period of twelve [12] weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. 02.08.2024 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/7
To 1.The District Education Officer, Sivakasi - 626 123, Virudhunagar District.
2.The Block Educational Officer - 1, Watrap Block, Maharajapuram - 626 149, Virudhunagar District.
3.Kamaraj Middle School (Direct Payment), Kunnur - 626 138, Virudhunagar District, Rep. by its Head Mistress (I/c).
4.Kunnur Hindu Nadar Uravinmurai, Educational Agency, Kamaraj Middle School, Kunnur - 626 138, Virudhunagar District.
Rep. by its President.
5/7
L.VICTORIA GOWRI , J.
MR 6/7
02.08.2024 7/7