R. Umavathi, v. The Director Of School
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Umavathi
...Petitioner
Vs.
1.The Director of School Education, D.P.I.Campus, College Road, Nungambakkam, Chennai-600 006.
2.The Chief Educational Officer, Thoothukudi District.
3.The District Educational Officer, District Educational Office, Kovilpatti-628 501.
4.The Secretary, St.Mary's High School, Therku Konarkottai, Chettikurichi Post, Thoothukudi District.
5.T.Augustine Appasamy
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents to forthwith pay the petitioner the subsistence allowance payable to her for the period from 07.12.2012 to 19.12.2013 yearly increments payable to the petitioner for the years of 2012, 2013 & 2014 and incentives payable to the petitioner for M.A degree and B.Ed. degree as and from the date of entitlement.
For Petitioner :Mr.T.Lajapathi Roy For Respondents :Mr.C.M.Marichelliah Prabhu Additional Government Pleader for R.1 to R.3 :Mr.M.Saravanan for R.4 :No Appearance for R.5 * * * * *
ORDER
This Writ Petition is filed seeking for issuance of a writ of Mandamus directing the respondents to pay the subsistence allowance payable to the petitioner for the period from 07.12.2012 to 1/3
19.12.2013 and the yearly increments payable to the petitioner for the years of 2012, 2013 & 2014 and incentives payable to the petitioner for M.A degree and B.Ed. degree as and from the date of entitlement.
2. Learned Counsel appearing for the petitioner would submit that the petitioner was appointed as Secondary Grade Teacher in the fourth respondent School in the year 1998 and she was placed under suspension on 07.12.2012, however, she was not paid the subsistence allowance for the period from 07.12.2012 to 19.12.2013 and further, the yearly increments payable to the petitioner for the years 2012, 2013 and 2014 was also not paid and further, the incentives payable for M.A. And B.Ed., degree was also not granted and hence the petitioner has made a representation dated 20.05.2014 to the fourth respondent seeking to settle the above said benefits to the petitioner. Since no order was passed till date, the present writ petition is filed.
3. Heard the learned Counsel appearing for the respondents and perused the materials placed on record.
4. Considering the limited scope of prayer as sought for by the petitioner, without going into the merits of the petitioner's case, the respondents are directed to consider the representation of the petitioner dated 20.05.2014, on merits and in accordance with law and dispose of the same within a period of twelve weeks from the date of receipt of a copy of this order.
5. The Writ Petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Director of School Education, D.P.I.Campus, College Road, Nungambakkam, Chennai-600 006.
2/3
2.The Chief Educational Officer, Thoothukudi District.
3.The District Educational Officer, District Educational Office, Kovilpatti-628 501.
4.The Secretary, St.Mary's High School, Therku Konarkottai, Chettikurichi Post, Thoothukudi District.
+1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-9842[F] dated 10/03/2021 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-9905[F] dated 10/03/2021 ) 09.03.2021 RP (26.05.2021) P 7C 3/3