Madras High CourtWP(MD)/8991/2014disposed of

M. Xavier Jeyabalan v. The District Elementary

2020-11-04Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD).No.8991 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).No.8991 of 2014 M.Xavier Jeyabalan ... Petitioner -Vs1.The District Elementary Educational Officer, District Elementary Education Office, Ramanathapuram.

2.The Assistant Elementary Educational Officer, R.S.Mangalam, Ramanathapuram District.

3.The Superintendent of R.C.School, Vianney Pastrol Centre, Sivagangai.

4.The Correspondent, R.C.Elementary School, Odaikkal Village, Thiruvadanai Taluk, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 2 herein to release arrears of salary of the petitioner for the period i.e., 19.06.2013 to 31.12.2013 along with the compensation, within a time frame fixed by this Court.

For Petitioner : Mr.AL.Kannan For Respondents : Mr.J.Gunaseelan Muthiah, Additional Government Pleader (for R1 and R2) Mr.K.Ragatheeshkumar (for R3 and R4)

ORDER

The grievances of the writ petitioner is that the salary arrears for the period from 19.06.2013 to 31.12.2013, is yet to be settled.

2.The counter affidavit filed by the District Elementary Educational Officer, Ramanathapuram, reveals that till date, the fourth respondent school has not sent any proposal with regard to the petitioner's payment of arrears with effect from 19.06.2013 to 31.12.2013. It is further stated if the management send the necessary proposal, the same will be considered and effective steps will be taken in accordance with law.

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W.P.(MD).No.8991 of 2014 3.In view of the said counter affidavit filed by the first respondent, this Court is inclined to issue the following orders:- (i)The fourth respondent school is directed to submit a fresh proposal in the prescribed format to the first respondent (now designated as District Elementary Educational Officer, Madapam, Ramanathapuram), within a period of four weeks from the date of receipt of a copy of this order;

(ii)On receipt of the proposal from the fourth respondent, the first respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law within a period of six weeks thereafter.

4.With these directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The District Elementary Educational Officer, District Elementary Education Office, Ramanathapuram.

[Now designated as District Elementary Educational Officer, Madapam, Ramanathapuram] 2.The Assistant Elementary Educational Officer, R.S.Mangalam, Ramanathapuram District.

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