Saraswathy v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.20122 of 2019 and W.M.P.(MD)No.16661 of 2019 Saraswathy ... Petitioner -Vs1.State of Tamil Nadu, Represented by its Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai-9.
2.The Principal Accountant General (A & E), Tamil Nadu, Chennai.
3.The Director of Elementary Education, College Road, Chennai-6.
4.The District Educational Officer, Vallioor, Tirunelveli District.
5.The Block Educational Officer, Vallioor, Tirunelveli District.
6.The Secretary, Marthandam Hindu Primary School, Avaraikulam, Tirunelveli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 5th respondent in his proceedings in A.Thi.Mu.No.767/M1/2019, dated 26.07.2019 and quash the same and consequent direction may be issued to the respondents to disburse arrears of revised salary for the period from 01.06.1989 to 31.12.2003 within a stipulated time. For Petitioner : Mr.T.A.Ebenezer For R1, R3 to R5 : Mr.A.Thiagarajan, Government Advocate.
For R2 : Mr.P.Gunasekaran
ORDER
Heard Mr.T.A.Ebenezer, learned counsel appearing on behalf of the petitioner, Mr.A.Thiagarajan, learned Government Advocate, who 1/3
takes notice on behalf of the respondents 1 and 3 to 5 and Mr.P.Gunasekaran, learned counsel, who takes notice on behalf of the second respondent. Since no adverse order is going to be passed against the 6th respondent, notice to the 6th respondent is dispensed with.
2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.The order of the 5th respondent, dated 26.07.2019, is sought to be quashed in the Writ Petition and further direction is sought for to disburse the arrears of revised salary for the period from 01.06.1989 to 31.12.2003.
4.The 5th respondent vide his proceedings dated 26.07.2019, returned the representation made by the petitioner, questioning that how pension proposal was sent to the second respondent without getting the arrears of salary for the period from 01.06.1989 to 31.12.2003 and directing the 6th respondent to send proposal by undertaking to the effect that no arrears of salary was received. 5.Now, it is for the 6th respondent to rectify the defects and re-submit the proposal and the petitioner has not stated how he got the copy of the impugned order.
6.In the result, this Writ Petition stands dismissed. However, it is open to the petitioner to take appropriate proceedings for payment of arrears of salary as claimed by her. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS ) To 1.The Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Fort St. George, Chennai-9.
2.The Director of Elementary Education, College Road, Chennai-6.
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3.The District Educational Officer, Vallioor, Tirunelveli District.
4.The Block Educational Officer, Vallioor, Tirunelveli District.
5.The Principal Accountant General (A & E), Tamil Nadu, Chennai.
+1 CC to Mr.P.GUNASEKARAN, Advocate ( SR-87659[F] dated 19/09/2019 ) +1 CC to Mr.T.A.EBENEZER, Advocate ( SR-87707[F] dated 19/09/2019 ) +1 CC to SPL GP ( SR-88382[F] dated 20/09/2019 ) W.P.(MD)No.20122 of 2019 19.09.2019 Myr VB(23.10.2019) 3P 9C 3/3